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Miranda v. Arizona was a ruling by the United States Supreme Court in 1966 that involved interrogation of people in police custody. The law regarding interrogation is not based upon a statute, but on constitutional law.

The basic rule is that when a person is in custody, he must be informed of a few basic rights before being questioned. The person must be informed of the right to remain silent, the right to an attorney, and the right to an appointed attorney if the person cannot afford counsel. The person must also be informed that any statement can be used against him. Until the person in custody has been informed of those rights, the police may not legally interrogate or question him.

If any custodial interrogation takes place without the appropriate warnings, any resulting statement may be suppressed (meaning the prosecution cannot use that statement at trial). However, if the person is never legally in custody, if the person is not under arrest, then Miranda does not apply. Therefore, if a police officer stops someone for a broken tail light, the officer need not start in with Miranda warnings.

It is generally a good idea, when questioned by police about a crime, to remember the right to remain silent, and to understand that silence is golden. Generally it is best, when asked about a crime, to deny it and then tell the police that one will speak to an attorney before making further comment.

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Q: Miranda in a Nutshell
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