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December 31, 2009

The Miranda Warning


  • The Miranda Warning was established by the Supreme Court to ensure due process in criminal investigations.  It establishes the right to remain silent and the right to consult with an attorney before interrogation.  It was established in the 1966 Supreme Court decision Miranda v. Arizona.
  • Statements obtained in violation of Miranda are not admissible in a court of law.
  • Interrogators do not need to read Miranda warnings if the purpose is to gather intelligence, but the information cannot be used in criminal proceedings.
  • A public safety exception to Miranda allows interrogators to forgo the Miranda warning for a short period if there is an imminent public threat.
  • Attorney General Holder says there is no evidence that Miranda warnings prevent the gathering of useful information.
  • In a May 2010 letter, former FBI agents affirmed that Miranda works.
  • The Department of Justice has convicted over 400 terrorists since 9/11.  All were read Miranda warnings.