In the
United States, the Miranda warning is a
warning given by
police to criminal
suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime. A custodial situation is where the suspect's freedom of movement is restrained although he is not under arrest. An incriminating statement by a suspect will not constitute
admissible evidence unless the suspect was advised of his or her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, police may request biographical information such as name, date of birth, and address, without first reading suspects their Miranda warnings.
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Also known as the Miranda Rule, this is the name given to the requirement that police officers, in the U.S.A., must warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided before any questioning is so desired. - (
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The statement recited to individuals taken into police custody. It warns of their right to remain silent and to have an attorney.
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