Which Fourth Amendment Values Are Implicit in the Current Miranda Warnings?
It is odd that courts have ignored the Fourth Amendment values involved in a custodial interrogation situation. It is particularly odd because the Miranda warnings themselves reflect Fourth Amendment values at least as accurately as they reflect Fifth Amendment values. The first Miranda warning states, “You have the right to remain silent.” The Fifth Amendment protects a person from being compelled to make incriminating statements against his interest that will later be used at a criminal trial. Yet the promise of “You have the right to remain silent” goes beyond this. Indeed, the right to remain silent is a perfect way to describe the Fourth Amendment values at stake. The Fourth Amendment prevents the government from looking into the mind of the suspect for information of any kind. In the words of Kyllo, all “intimate details” are protected from “prying government eyes.” [FN74] The right to silence has more to do with the autonomy guaranteed by the Fourth Amendment than it does, stric
