Miranda rights
CLEP American Government, Chapter 22
Miranda rights
Miranda v. Arizona requires warnings before custodial interrogation. Custody means formal arrest or a restraint on freedom comparable to arrest. Interrogation includes direct questioning and words or conduct that officers should know are reasonably likely to produce an incriminating response. Before that combination occurs, police must explain the right to remain silent, the possibility that statements may be used against the suspect, and the right to consult with counsel, including appointed counsel when required. A station-house suspect placed under arrest and asked where stolen property is hidden ordinarily is in custodial interrogation. A driver briefly answering routine questions during an ordinary traffic stop may not be in custody, and a suspect's spontaneous statement is not the product of interrogation.
A suspect may waive the safeguards if the choice is knowing, intelligent, and voluntary. A clear request for counsel or invocation of silence restricts further questioning under the applicable rules. Miranda chiefly governs whether an unwarned statement may be used in the prosecution's case; actual coercion can violate due process independently, even when officers recited the warnings. The doctrine also contains defined limits, including a public-safety exception for urgent questions reasonably directed at an immediate danger. Place Miranda during investigation and interrogation, before the Sixth Amendment right to counsel necessarily attaches. Do not assume that warnings are required whenever police arrest someone or ask any question. Arrest without interrogation does not trigger Miranda questioning rules, and questioning a person who is free to leave does not by itself create custody. Both conditions must be present.
Video lesson: Due Process of Law: Crash Course Government and Politics #28
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