Understanding Your Miranda Rights: What Police Can and Cannot Do

Miranda rights are among the most misunderstood legal concepts. A former prosecutor explains exactly what they mean, when they apply, and how to use them.

What Are Miranda Rights?

Miranda rights — also known as a Miranda warning — are a set of rights that law enforcement must inform you of before a custodial interrogation. They stem from the landmark 1966 Supreme Court case Miranda v. Arizona.

The Full Miranda Warning

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

When Do Miranda Rights Apply?

Miranda rights apply specifically during custodial interrogation — meaning you are: (1) in custody (not free to leave), AND (2) being interrogated. Routine traffic stops do not trigger Miranda warnings unless you are placed under arrest.

What To Do If You Are Arrested

Invoke your rights clearly and calmly: "I am invoking my right to remain silent and my right to an attorney." Then stop talking. Do not answer any questions until your attorney is present — even seemingly innocent questions can be used against you.