Is Miranda Warning a federal, State, or Local law?

Asked over 4 years ago - Castle Rock, CO

The necessity of giving the Miranda Warning to persons being arrested.

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

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    Answered . Since 1966, Miranda v. Arizona has served as the touchstone for the exploration of the scope of the privilege to be free from self-incrimination during a period of custodial interrogation. The United States Constitution's Fifth Amendment guarantees to all people the privilege to be free from self-incrimination. This is a federal right that applies in all states.

    Miranda Rights

    The Court in Miranda created right to counsel procedural safeguards to adequately ensure that the accused know their rights and that the police honor them. The Miranda Court recognized that "[a]n individual swept from ... familiar surroundings into police custody, surrounded by antagonistic forces, and subjected to ... techniques of persuasion ... cannot be otherwise than under compulsion to speak."


    Self Incrimination

    To effectively safeguard a suspects' privileges under the Fifth Amendment, the Miranda rights create the obligation to clarify and should prohibit law enforcement officers from badgering suspects into converting their previously ambiguous request for counsel into a clear waiver of the right to counsel.

    Custody

    Once your are in custody, say nothing other than to ask for a lawyer.

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