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Miranda Warning

Officers should read the following warning verbatim before beginning a custodial interrogation:
You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to consult with an attorney before answering any questions and to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed to you by the State at no cost before questioning, if you wish. If you choose to answer questions without an attorney present, you may stop answering at any time and may request an attorney at any time.
After reading the warning, the officer must ask:
Do you understand each of the rights I have just explained to you? With these rights in mind, do you wish to answer questions without an attorney present?
A clear affirmative response must be obtained to both questions before questioning begins.

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When Miranda Is Required

Miranda must be read when both of the following conditions exist:
  • The person is in custody or is not reasonably free to leave.
  • The officer intends to conduct interrogation or ask questions likely to produce an incriminating response.
An arrest does not automatically require Miranda if no questioning will occur. Miranda must be completed before custodial questioning begins. General questions asked during an initial investigation do not automatically require Miranda unless the person has effectively been placed in custody.

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Officer Procedure

  1. Ensure the scene is secure and the suspect can hear the warning.
  2. Read the complete Miranda warning without paraphrasing or omitting any portion.
  3. Ask whether the suspect understands their rights.
  4. Ask whether the suspect wishes to answer questions without an attorney present.
  5. Obtain a clear verbal response to both questions.
  6. Document the warning and the suspect’s responses in the associated report.
  7. Immediately stop questioning if the suspect invokes either right.
Silence, a shrug, or an unclear response should not be treated as a waiver.

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Responding to an Invocation

Officers shall not argue with, pressure, threaten, or attempt to talk a suspect out of invoking their rights. If the right to silence is invoked, any later interview requires a fresh Miranda warning and waiver. If an attorney is requested, officers must not restart questioning unless an attorney is present or the suspect voluntarily reinitiates the conversation and provides a new valid waiver.

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Spontaneous Statements

A spontaneous statement made without prompting or questioning may be documented. Officers must not use the statement as an opportunity to begin follow-up questioning unless Miranda has been read and validly waived.

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Immediate Safety Questions

When there is an immediate danger to officers or the public, an officer may ask only the questions necessary to locate a weapon, identify a threat, or resolve the emergency. Once the immediate danger has ended, Miranda must be read before investigative questioning continues. This exception must not be used to bypass the normal Miranda procedure.

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Documentation Requirements

The primary officer should document:
  • The date, time, and location where Miranda was read.
  • The name or callsign of the officer who read it.
  • Whether the warning was recorded.
  • The suspect’s response to the understanding question.
  • The suspect’s response to the waiver question.
  • Any invocation of silence or request for an attorney.
  • The time questioning began and ended.
  • Whether the suspect later reinitiated communication.

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Suggested Report Language

At approximately [TIME], I read [SUSPECT NAME] their Miranda rights verbatim. The suspect stated that they understood each right and agreed to answer questions without an attorney present. The interview began at approximately [TIME].
If rights were invoked:
At approximately [TIME], the suspect invoked their right to [remain silent/request an attorney]. All investigative questioning immediately ceased.

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Common Mistakes

  • Reading only part of the warning.
  • Failing to mention that an attorney may be present during questioning.
  • Beginning questions before receiving a clear waiver.
  • Treating silence or an unclear response as consent.
  • Continuing to question after a right has been invoked.
  • Attempting to persuade the suspect to waive their rights.
  • Assuming another officer already completed the warning.
  • Asking investigative questions under the guise of booking questions.

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Effect of a Violation

Failure to properly administer Miranda does not automatically invalidate the arrest or dismiss the underlying charges. However, statements obtained through an improper custodial interrogation may be excluded from court proceedings and may result in departmental review.