What is the legal phrase that the policeman read to the arrested person?

Question

When arresting someone, what exactly is the legal phrases that the policeman read to the accused to protect his constitutional rights according to the USA law?
And do the policemen really say it to the arrested person? Or they consider it some unimportant formalities?

Answer 1

In 1963, Ernesto Miranda was arrested in Phoenix, Arizona for stealing $8 from bank worker and charged with armed robbery. He already had a record for armed robbery, and a juvenile record including attempted rape, assault, and burglary. While in police custody he signed a written confession to the robbery, and to kidnapping and raping an 18-year-old woman 11 days before the robbery. After the conviction, his lawyers appealed, on the grounds that Miranda did not know he was protected from self-incrimination.
The case, Miranda v. Arizona, made it all the way to the Supreme Court, where the conviction was overthrown. In a landmark ruling issued in 1966, the court established that the accused have the right to remain silent and that prosecutors may not use statements made by defendants while in police custody unless the police have advised them of their rights, commonly called the Miranda Rights. The case was later re-tried, Miranda was convicted on the basis of other evidence, and served 11 years. He was paroled in 1972, and died in 1976 at the age of 34, after being stabbed in a bar fight. A suspect was arrested but chose to excercise his right to remain silent, and was released.

if you watch csi or law and order they read the miranda rights cause if they don't any evidence obtain will be surpressed.

Answer 2

I notice that there are so many wrong answers given here that I should clarify some things.

The "Miranda" warning comes from a United States Supreme Court case from about 40 years ago. It is the law of the land in the US and does not vary from state to state. Although some states may interpret their own state Constitution to give MORE rights to the defendant that is required by the United States
Supreme Court.

The warning may vary slightly for each police department, but must contain the same information regardless of how it is worded. Here is what the Supreme Court requires to be included in the Miranda warning:

...The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her.

Some people incorrectly believe that the Miranda warning must be given after arrest. This is not true! If no questions are asked of the defendant, then no warning need be given at all. It would be pointless and completey unneccesary to read the Mirdanda warning to a Defendant that officer is not going to ask any questions of. If questions are asked without the warning given, then any statements made by the Defendant will be suppressed. That means the statements cannot be used as evidence in court. That is the remedy for a Miranda violation. A Miranda violation does NOT invalidate the arrest. It does not mean the charged are dropped or that the person cannot be prosecuted.

Further, the warning must be given when a defendant is under "custodial interrogation." That means the person does not have to be under arrest. It simply means that the police officer has detained the person and he is not free to go and the officer is interrogating them--asking questions. There is a lot of case law and it is very fact specific about what exactly a custodial interrogation is.

Answer 3

It is called the Miranda warning and its content varies from state to state. It generally requires that the accused be advised that he has the right to remain silent, and if he speaks anything he says can be used against him in Court, and that he has the right to an attorney and that an attorney will be provided for him if he cannot afford one.

The general law is that it *must* be read to the accused and the failure to do so is a constitutional violation which will either invalidate the arrest (and any subsequent prosecution) or render any information obtained, from statements made to evidence seized, inadmissible at trial. There are limited exceptions to this rule (for example, if the Miranda warning is not read but the person remains silent and has a lawyer -- if there is no harm, the court may not find a constitutional violation).

Each state has its own version of the Miranda warning but it generally has the same elements.

Answer 4

The typical warning is, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you." It became a requirement as a result of the case of Miranda v. Arizona before the United States Supreme Court and is designed to protect a person's rights under the Fifth Amendment to the US Constitution.

Edit: It is a requirement whenever a person is being questioned when suspected of a crime both before and after arrest.

Answer 5

It's called your Miranda Rights, or your Rights under the Miranda Act. and yes they *must* be read and understood... it's not just a formality.

Edit: Of course the Miranda Act only comes into play when you've actually been arrested; they can ask you anything they want *before* they put you under arrest, and if you answer your answers can still be held against you. It's a little loophole the authorities like.

Answer 6

Miranda Rights.

Answer 7

Miranda rights. It covers the constitutional rights a person has upon arrest. The right to remain silent, the right to legal counsel, etc...

Answer 8

It's the Miranda Warning. Heres the funny version:
"You have the right to shut your pie hole. Anything you say may be used as an excuse to shove a dirty oil rag in your mouth. You have the right to an Ambulance Chaser. If you can't afford one of those damned used car salesmen type lawyers then one of the worst ones we can find will be provided at no cost to you. Do you understand these rights Scumbucket?"

Answer 9

They read it as a compulsion and it goes something like this " you have the right to remain silence. Anything u said can be used against you in the court of law" .. hence most of the arrested keep calm and make their attorneys talk !

Answer 10

"SGT D", tsk, tsk. You have the wrong version of Miranda:

You have the right to remain silent, however, I will gladly listen you brag about your ever so clever crime.
Anything you say will be exaggerated and used against you in order to jail you for the longest possible time.
If you can not afford a quality lawyer, an inexperienced, barely competent, loser will be appointed for you.
If you do decide to talk to me you can stop at anytime; is does not matter to me because the CSI guys have already nailed you.
I have to ask if you understand these rights, but I don't really care if you do or not.