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Do The Police Need to Read You Your Rights?

What Are Miranda Rights?

“Miranda Rights” is a term named after the U.S. Supreme Court case Miranda v. Arizona (1966). In this landmark case, the Supreme Court decided that suspects in police custody must be informed of their Fifth Amendment right to refuse self-incrimination and their Sixth Amendment right to an attorney. These constitutional rights apply to every citizen, regardless of the crime they are suspected of committing.

The so-called “Miranda warning” typically includes statements such as:

  1. You have the right to remain silent.
  2. Anything you say can and will be used against you in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be provided for you.

If the police fail to provide this warning prior to questioning, it may lead to the exclusion of any statements the suspect makes.

The Exclusionary Rule

This brings us to the second concept: the Exclusionary Rule. This rule, a legal principle that emerged from another landmark Supreme Court case, Mapp v. Ohio (1961), prevents the government from using most evidence gathered in violation of the United States Constitution.

The rule is designed to deter law enforcement from conducting unlawful or unethical searches and seizures. If evidence is found to have been obtained illegally, it is “excluded” and cannot be used in the prosecutor’s main case in a criminal trial.

The Interplay of Miranda Rights and the Exclusionary Rule

These two principles work hand-in-hand to protect the rights of citizens and uphold the integrity of the justice system. If the police fail to read a suspect their Miranda Rights, any resulting statements are generally considered “compelled” in nature. Under the Fifth Amendment, compelled statements are not admissible in a court of law, hence, the exclusionary rule applies.

However, it’s worth noting that there are exceptions. For instance, if the evidence can be shown to have been discovered inevitably, independent of the unconstitutional source, or if the link between the illegal search and the evidence discovered is deemed to be sufficiently distant, it may still be admissible.


Both Miranda Rights and the Exclusionary Rule are fundamental to maintaining the balance between law enforcement’s duty to solve crimes and the rights of individuals against potential abuses of power. They ensure that the justice system remains a tool for truth and fairness, not an instrument of oppression.

It’s vital to understand these rules and rights, not only for those involved in the justice system but for every citizen. Knowledge of one’s rights is one of the strongest safeguards against their infringement.

Remember, if you find yourself in a situation where your rights might be in question, it’s always advisable to seek legal counsel. Our law firm is dedicated to upholding the principles of justice and is ready to provide the guidance you need.