Our Fifth Amendment to the United States Constitution guarantees to all people the privilege to be free from compulsory self-incrimination. Since 1966, Miranda v. Arizona has served as the touchstone for the exploration of the scope of that privilege during a period of custodial interrogation.
1
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."
2
Self Incrimination
To effectively safeguard suspects' privileges under the Fifth Amendment, the Miranda rights create the obligation to clarify 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.
3
Custody
Once your are in custody, say nothing other than to ask for a lawyer.
Comments - add comment