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What Exactly Is the Text of the Miranda Rights Statement Police Read to Suspects?

9/5/2012

12 Comments

 
When someone is in police custody, and the police want to question that person, the suspect must first be read their Miranda rights.  The suspect must then waive those rights before police may question him or her.

The Miranda rights are based on a United States Supreme Court case called Miranda v. Arizona, 384 U.S. 436 (1966).  That case basically held that a suspect or criminal defendant must be informed that they have certain rights, and must give up those rights before the police may question them.  This was done to counter police abuse and misconduct, which was often done to get someone to confess.

In movies and on TV, the Miranda rights are usually read as soon as someone is arrested.  This is unnecessary unless the person is going to be immediately questioned.  The rights need not be read to someone until he or she is going to be interrogated by law enforcement.

So, what exactly do the police need to say?  Here is a safe way for police to read someone their Miranda rights and get a valid waiver, so that whatever the person says can later be used against him in court:

1.  You have the right to remain silent.  Do you understand?

2.  Anything you say may be used against you in court.  Do you understand?

3.  You have the right to the presence of an attorney before and during any questioning.  Do you understand?

4.  If you cannot afford an attorney, one will be appointed for you free of charge before any questioning if you want.  Do you understand?

5.  Do you wish to waive these rights?

The police should try to get a "Yes" answer to each question to ensure the person understood and voluntarily waived each of his rights. 

Sign up here to get a free printable and portable Miranda Card that has this information in a convenient and easy to use format:

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The Miranda Card lists the rights as statements that a police officer would say them to a suspect.  The card is small enough to cut out and carry in your pocket.  Many police officers carry a card like this and use it to ensure they properly advise a suspect of his or her Miranda rights, and get a valid waiver. 

Also, sign up to receive a free eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mytery and Legal Drama.
12 Comments
bla
10/27/2013 05:27:39 am

Reply
andrew
2/7/2014 03:12:49 am

this was very helpful

Reply
Blythe
2/7/2014 08:42:12 am

Glad you found it useful!

Reply
James
4/29/2014 03:20:45 am

Information every high school student needs. I'll use mine in my Government class.

Reply
Blythe
4/29/2014 04:11:01 am

I agree. It's something every citizen should know!

Reply
Bitch tits
6/9/2014 09:41:15 am

I was in prison cuz of this bullshit

Reply
Jim link
7/15/2014 09:41:42 am

Great article. I was looking for a pocket size card, so when my SPO arrest someone, they can read the card verbatim. And leave little to memory. <a herf="http://www.securitycompaniesindc.com">Special Police</a>

Reply
Jim link
5/7/2018 08:46:42 pm

Great article. I still use this card today, for myself and mu special police officers. A great tool to have.
<a herf="http://www.ppssecurityservices.com">Special Police</a>

Reply
Live Videos Ohio link
3/3/2021 09:54:38 am

Grateful for shariing this

Reply
Mia Evans link
5/13/2022 01:56:23 am

I never took into account the fact that the Miranda rights would have to be read or stated only if the person is going to be questioned immediately. I guess information like that would be important that is why it is best to have law enforcement consulting services to educate you, especially when you own a business. It would definitely give you the confidence that you will get the best guidance and protection as well if anything happens while you are running your business.

Reply
Orange County Divorce Attorneys link
7/7/2022 12:58:44 pm

That case basically held that a suspect or criminal defendant must be informed that they have certain rights, and must give up those rights before the police may question them. I truly appreciate your great post!

Reply
Orange County Family Law Attorneys link
7/7/2022 01:24:36 pm

The rights need not be read to someone until he or she is going to be interrogated by law enforcement. Thank you for sharing your great post!

Reply



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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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