Miranda warnings are the warnings that must be provided to a person or persons being questioned by police while under police custody. These warnings involve informing the individual/s of their right to remain silent, their right to an attorney, whether they be appointed or retained, and that anything they say may be used against them as evidence.
The origin of Miranda warnings stems from the 1966 court case, Miranda v. Arizona, which involved a defendant who confessed to crimes while under police interrogation. The defendant’s conviction was ultimately overturned due to allegations of police intimidation during their interrogation.
In current practice, Miranda warnings are only applicable if the questioning comes from law enforcement, the defendant is in custody, and the questions being asked pertain to their alleged criminal activity. If someone is not given their Miranda rights and proceeds to incriminate themselves or others while under police questioning that evidence may be excluded, and in some cases may result in the case being dismissed entirely.
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