/muh-RAN-duh lim-i-TAY-shuns on in-KUS-toh-dee-ul in-ter-uh-GAY-shun/·doctrine
Also known as:Miranda limitation on custodial interrogation · Miranda limits on custodial interrogation · Miranda rule · Miranda warnings · custodial interrogation limits
Written by attorneys · grounded in primary & secondary sources — see below
A set of Fifth Amendment rules that restrict the admissibility of statements obtained from a suspect during custodial interrogation. The rules require that warnings conveying the rights to silence and counsel be given before questioning begins. Invocation of those rights must be clear and unambiguous, and any waiver must be knowing and voluntary under the totality of the circumstances.
Sources & Authorities
How it applies
Common Examples
3
Silence After Warnings Does Not Invoke
Marcus Mitchell was arrested for theft and received Miranda warnings at the station. Officers asked where he had been the night of the burglary. Mitchell stayed silent for several minutes before answering one question about his location. Because he never clearly asserted the right to remain silent, his answer is treated as an implied waiver and may be introduced at trial.
Routine Traffic Stop Is Noncustodial
Musa Mensah was pulled over for a broken taillight. An officer asked him routine questions about his destination and whether he had been drinking. Mensah admitted he had consumed several beers. No Miranda warnings were given. Because the stop was brief and ordinary, the statements are admissible even without warnings.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Substance Of Warnings Is Sufficient
Madison Meyers was arrested on a drug charge. The officer told her they had no way of giving her a lawyer but one would be appointed if and when she went to court, then asked about the drugs found in her car. Meyers answered the questions. The warnings conveyed the required rights even though they were not in the exact standard form, so her statements are admissible.
Common questions
Frequently Asked
3
Does a suspect's silence after receiving Miranda warnings invoke the right to remain silent?+
No. Silence alone does not constitute an invocation. The suspect must clearly and unambiguously state the desire to remain silent. Answering even one question after warnings can show a valid implied waiver under the totality of the circumstances.
Supporting sources
Are Miranda warnings required during a routine traffic stop?+
No. Routine traffic stops are ordinarily noncustodial because they are temporary and brief. Miranda warnings are therefore not required before ordinary roadside questioning even though the stop involves a minor offense.
Supporting sources
Must police recite Miranda warnings in the exact standard wording?+
No. Warnings need not be given in a rigid or verbatim form. It is enough that the warnings convey the substance of the rights to silence and counsel, even if the phrasing differs from the classic formulation.
Supporting sources
468 U.S. 420 (1984)Criminal Procedure
…only question presented by the petition for certiorari reads as follows: “Whether law enforcement officers must give ‘Miranda warnings’ to individuals arrested for misdemeanor traffic offenses.” In Parts I, II, and IV of its opinion, the Court answers that question in the affirmative and explains why that answer requires…
Criminal Law Constitutional ProtectionsConstitutional protections of accused persons · Arrest, search, and seizure [Fourth Amendment]NEXTGENIntermediate