Explain what the court considers custody for Miranda purposes.
In the, theMirandawarningis a type of notification customarily given byto criminal suspects in police custody (or in a) advising them of their; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. These rights are often referred to asMirandarights. The purpose of such notification is to preserve themade during custodial interrogation in later criminal proceedings.
The language used in aMirandawarning is derived from the 1966case.The specific language used in the warning varies between jurisdictions,but the warning is deemed adequate as long as the defendant’s rights are properly disclosed such that any waiver of those rights by the defendant is knowing, voluntary, and intelligent.For example, the warning may be phrased as follows:
You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.