The June 13, 1969, Supreme Court decision in Miranda v. Arizona resulted in the requirement that law enforcement advise individuals under arrest of their right to remain silent and their right to an attorney. This requirement has become known as giving a person their Miranda Rights.

Note that it only applies when a person is under arrest. Law enforcement is not required to tell you your Miranda Rights until you are actually under arrest. So, anything you say to them before that point can be used in court. It doesn’t matter if you are “just chatting” or they are casually asking a few questions to clarify things. It doesn’t matter if they “just want to get your side of the story.”

NEVER talk to the police or other law enforcement without having an attorney present.

And if you are a student still in K-12 school (or are the parent or guardian of a student) know that Miranda does not apply if the student is questioned by school personnel. You can learn more about that on our website by clicking here.

Want to know more Miranda v. Arizona and the SCOTUS decision? Watch the short video below.