<P> A typical Miranda warning can read as follows: </P> <P> You have the right to remain silent . Anything you say will be used against you in a court of law . You have the right to have an attorney . If you cannot afford one, one will be appointed to you by the court . With these rights in mind, are you still willing to talk with me about the charges against you? </P> <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 them 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>

The miranda warning explains a person's rights under the