What is a Miranda warning?
A Miranda warning is an admonition given by police advising people of their constitutional right to remain silent and to have an attorney present before answering any questions or making any statements. Miranda warnings are given as a prophylactic measure to protect a criminal suspect’s Fifth Amendment right to avoid self-incrimination.
A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answering any questions. If I am not under arrest, do I have to answer a police officer’s questions? No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
A Miranda warning advises people of their constitutional right (afforded by the Fifth Amendment) not to answer questions if they are under arrest, to have an attorney present before and during any questioning, and advising such person that anything they say can, and probably will, be used against them in the trial of their case.
