<P> The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self - incrimination . In Miranda v. Arizona (1966), the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel, through the incorporation of these rights into state law . Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements as evidence against him or her in a criminal trial . </P> <P> The concept of "Miranda rights" was enshrined in U.S. law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for armed robbery, kidnapping, and rape of a mentally handicapped young woman (Miranda was subsequently retried and convicted, based primarily on his estranged ex-partner, who had been tracked down by the original arresting officer via Miranda's own parents, suddenly claiming that Miranda had confessed to her when she had visited him in jail; Miranda's lawyer later confessed that he' goofed' the trial). </P> <P> The circumstances triggering the Miranda safeguards, i.e. Miranda rights, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest . Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response . The Supreme Court did not specify the exact wording to use when informing a suspect of his / her rights . However, the Court did create a set of guidelines that must be followed . The ruling states: </P> <P>... The person in custody must, prior to interrogation, be clearly informed that he / she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he / she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he / she is indigent, an attorney will be provided at no cost to represent him / her . </P>

When are miranda warnings required to be read to a suspect
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