There are many misunderstandings about the Miranda rights: what they are, what they protect against, when they must be stated and when they can be evoked. Experts estimate about 80 percent of suspectsunintentionally waive their Miranda rights. It's often due to a lack of understanding, the stress of the moment or a combination of the two. Make sure you know the facts and how the law protects you.
You've more than likely heard that phrase countless times in courtroom dramas, reality shows and popular cop movies, but what does it mean exactly? How did we get that right, and how do we invoke it?
Prior to subjecting a suspect to a custodial interrogation, law enforcement officers must inform them of their Miranda rights. The Miranda warning consists of the following statements, and it must be administered before a suspect is placed under arrest: