Miranda warning

A U.S. Customs and Border Protection (CBP) Border Patrol agent reading the Miranda rights to a suspect

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 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 case by focusing too much on the constitutional issues (and losing sight of the jury and guilt or innocence).[6]

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 their rights. However, the Court did create a set of guidelines that must be followed. The ruling states:

...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.

In Berkemer v. McCarty (1984), the Supreme Court decided that a person subjected to custodial interrogation is entitled to the benefit of the procedural safeguards enunciated in Miranda, regardless of the nature or severity of the offense of which they are suspected or for which they were arrested.[7]

As a result, American English developed the verb to Mirandize (meaning "read the Miranda rights to") a suspect (when the suspect is arrested).[8]

Notably, the Miranda rights need not be read in any particular order, and they need not precisely match the language of the Miranda case as long as they are adequately and fully conveyed (California v. Prysock, 453 U.S. 355 (1981)[9]).

In Berghuis v. Thompkins (2010), the Supreme Court held that unless a suspect expressly states that they are invoking this right, subsequent voluntary statements made to an officer can be used against them in court, and police can continue to interact with (or question) the alleged criminal.

In Vega v. Tekoh (2022) the Supreme Court held that the purpose of Miranda is to serve as a safeguard against compelled self-incrimination by police or prosecutors rather than to establish an inherent Fifth Amendment violation if somebody voluntarily incriminates oneself prior to being given a Miranda warning. In the dissent, Justice Elena Kagan argued that this ruling would make it harder to suppress statements that could lead to wrongful conviction and that this ruling weakens the ability of the Defendant to seek redress if he/she is wrongfully convicted.[10]

Every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person arrested or placed in a custodial situation. The typical warning states:[11]

• You have the right to remain silent and refuse to answer questions.
• Anything you say may be used against you in a court of law.
• You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
• If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
• If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
• Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

The courts have since ruled that the warning must be "meaningful", so it is usually required that the suspect be asked if they understand their rights. Sometimes, firm answers of "yes" are required. Some departments and jurisdictions require that an officer ask "do you understand?" after every sentence in the warning. An arrestee's silence is not a waiver, but on June 1, 2010, the Supreme Court ruled 5–4 that police are allowed to interrogate suspects who have invoked or waived their rights ambiguously, and any statement given during questioning prior to invocation or waiving is admissible as evidence.[12] Evidence has in some cases been ruled inadmissible because of an arrestee's poor knowledge of English and the failure of arresting officers to provide the warning in the arrestee's language.[13]

While the exact language above is not required by Miranda, the police must advise the suspect that:

1. they have the right to remain silent;
2. anything the suspect does say can and may be used against them in a court of law;
3. they have the right to have an attorney present before and during the questioning; and
4. they have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning.[Note 2]

There is no precise language that must be used in advising a suspect of their Miranda rights.[14] The point is that whatever language is used the substance of the rights outlined above must be communicated to the suspect.[15] The suspect may be advised of their rights orally or in writing.[16] Also, officers must make sure the suspect understands what the officer is saying, taking into account potential education levels. It may be necessary to "translate" to the suspect's level of understanding. Courts have ruled this admissible as long as the original waiver is said and the "translation" is recorded either on paper or on tape.

The Supreme Court has resisted efforts to require officers to more fully advise suspects of their rights. For example, the police are not required to advise the suspect that they can stop the interrogation at any time, that the decision to exercise the right cannot be used against the suspect, or that they have a right to talk to a lawyer before being asked any questions. Nor have the courts required to explain the rights. For example, the standard Miranda right to counsel states You have a right to have an attorney present during the questioning. Police are not required to explain that this right is not merely a right to have a lawyer present while the suspect is being questioned. The right to counsel includes:

• the right to talk to a lawyer before deciding whether to talk to police,
• if the defendant decides to talk to the police, the right to consult with a lawyer before being interrogated,
• the right to answer police only through an attorney.[17]

Use in various U.S. state jurisdictions

Police detectives read the Miranda rights to a criminal suspect

Some jurisdictions provide the right of a juvenile to remain silent if their parent or guardian is not present. Some departments in New Jersey, Nevada, Oklahoma, and Alaska modify the "providing an attorney" clause as follows:

We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court.

Even though this sentence may be somewhat ambiguous to some laypersons, who can, and who have actually interpreted it as meaning that they will not get a lawyer until they confess and are arraigned in court, the U.S. Supreme Court has approved of it as an accurate description of the procedure in those states.[18]

In Texas, New Mexico, Arizona, and California—the four states that border Mexico—suspects who are not United States citizens are given an additional warning:[19][20][21][22][23]

If you are not a United States citizen, you may contact your country's consulate prior to any questioning.

Some states including Virginia require the following sentence, ensuring that the suspect knows that waiving Miranda rights is not a one-time absolute occurrence:[21][22][23][24]

You can decide at any time from this moment on to terminate the interview and exercise these rights.

California, Texas, New York, Florida, Illinois, North Carolina, South Carolina, Virginia, Washington and Pennsylvania also add the following questions, presumably to comply with the Vienna Convention on Consular Relations:[21][22][23]

Question 1: Do you understand each of these rights I have explained to you? Question 2: Having these rights in mind, do you wish to talk to us now?

An affirmative answer to both of the above questions waives the rights. If the suspect responds "no" to the first question, the officer is required to re-read the Miranda warning, while saying "no" to the second question invokes the right at that moment; in either case the interviewing officer or officers cannot question the suspect until the rights are waived.

Generally, when defendants invoke their Fifth Amendment right against self-incrimination and refuse to testify or submit to cross-examination at trial, the prosecutor cannot indirectly punish them for the exercise of a constitutional right by commenting on their silence and insinuating that it is an implicit admission of guilt.[25] Since Miranda rights are simply a judicial gloss upon the Fifth Amendment which protects against coercive interrogations, the same rule also prevents prosecutors from commenting about the post-arrest silence of suspects who invoke their Miranda rights immediately after arrest.[26] However, neither the Fifth Amendment nor Miranda extend to pre-arrest silence, which means that if a defendant takes the witness stand at trial (meaning he just waived his Fifth Amendment right to remain silent), the prosecutor can attack his credibility with his pre-arrest silence (based on his failure to immediately turn himself in and confess to the things he voluntarily testified about at trial).[27]

Under the Uniform Code of Military Justice, Article 31[28] provides for the right against compelled self-incrimination. Interrogation subjects under Army jurisdiction must first be given Department of the Army Form 3881, which informs them of the charges and their rights, and the subjects must sign the form. The United States Navy and United States Marine Corps require that all arrested personnel be read the "rights of the accused" and must sign a form waiving those rights if they so desire; a verbal waiver is not sufficient.

It has been discussed whether a Miranda warning—if spoken or in writing—could be appropriately given to disabled persons. For example, "the right to remain silent" means little to a deaf individual and the word "constitutional" may not be understood by people with only an elementary education. In one case, a deaf murder suspect was kept at a therapy station until he was able to understand the meaning of the Miranda warning and other judicial proceedings.[29]

The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation. The Miranda right to counsel and right to remain silent are derived from the self-incrimination clause of the Fifth Amendment.[Note 3] Therefore, for the Miranda to apply, six requirements must be fulfilled:

1. Evidence must have been gathered.

If the suspect did not make a statement during the interrogation the fact that he was not advised of his Miranda rights is of no importance.[Note 4] Nor can the state offer evidence that the defendant asserted his rights—that he refused to talk.

2. The evidence must be testimonial.[31]

Miranda applies only to "testimonial" evidence as that term is defined under the Fifth Amendment.[31] For purposes of the Fifth Amendment, testimonial statements mean communications that explicitly or implicitly relate a factual assertion [an assertion of fact or belief] or disclose information.[32][33] The Miranda rule does not prohibit compelling a person to engage in non-assertive conduct that is incriminating or may produce incriminating evidence. Thus, requiring a suspect to participate in identification procedures such as giving handwriting[34] or voice exemplars,[35] fingerprints, DNA samples, hair samples, and dental impressions is not within the Miranda rule. Such physical or real evidence is non-testimonial and not protected by the Fifth Amendment self-incrimination clause.[36] On the other hand, certain non-verbal conduct may be testimonial. For example, if the suspect nodded their head up and down in response to the question "did you kill the victim", the conduct is testimonial; it is the same as saying "yes I did", and Miranda would apply.[37]

3. The evidence must have been obtained while the suspect was in custody.[38]

The evidence must have been obtained while the suspect was in custody. This limitation follows from the fact that Miranda's purpose is to protect suspects from the compulsion inherent in the police-dominated atmosphere attendant to arrest. Custody means either that the suspect was under arrest or that his freedom of movement was restrained to an extent "associated with a formal arrest".[39][Note 5] A formal arrest occurs when an officer, with the intent to make an arrest, takes a person into custody by the use of physical force or the person submits to the control of an officer who has indicated his intention to arrest the person. Telling a person he is "under arrest" is sufficient to satisfy this requirement even though the person may not be otherwise physically restrained.[40] Absent a formal arrest, the issue is whether a reasonable person in the suspect's position would have believed that he was under "full custodial" arrest.[Note 6] Applying this objective test, the Court has held Miranda does not apply to roadside questioning of a stopped motorist or to questioning of a person briefly detained on the street—a Terry stop.[41] Even though neither the motorist nor the pedestrian is free to leave, this interference with the freedom of action is not considered actual arrest or its functional equivalent for purposes of the Fifth Amendment.[42] The court has similarly held that a person who voluntarily comes to the police station for purposes of questioning is not in custody and thus not entitled to Miranda warnings particularly when the police advise the suspect that he is not under arrest and free to leave.[Note 7]

4. The evidence must have been the product of interrogation.[43]

The evidence must have been the product of interrogation. A defendant who seeks to challenge the admissibility of a statement under Miranda must show that the statement was "prompted by police conduct that constituted 'interrogation'".[44] A volunteered statement by a person in custody does not implicate Miranda. In Rhode Island v. Innis, the Supreme Court defined interrogation as express questioning and "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect". Thus, a practice that the police "should know is reasonably likely to evoke an incriminating response from a suspect ... amounts to interrogation". For example, confronting the suspect with incriminating evidence may be sufficiently evocative to amount to interrogation because the police are implicitly communicating a question: "How do you explain this?"[45] On the other hand, "unforeseeable results of police words or actions" do not constitute interrogation. Under this definition, routine statements made during the administration of sobriety tests would not implicate Miranda. For example, a police officer arrests a person for impaired driving and takes him to the police station to administer an intoxilyzer test. While at the station the officer also asks the defendant to perform certain psycho-physical tests such as the walk and turn, one leg stand or finger to nose test. It is standard practice to instruct the arrestee on how to perform the test and to demonstrate the test. (The police will not tell the person that they have the right to refuse to perform the test, and the refusal cannot be used in evidence against them, nor can they be in any way punished for refusing to perform it, same as the police will not tell someone that they may refuse to perform a roadside sobriety test without penalty). An incriminating statement made by an arrestee during the instruction, "I couldn't do that even if I were sober", would not be the product of interrogation. Similarly, incriminating statements made in response to requests for consent to search a vehicle or other property are not considered to be the product of interrogation.[46]

5. The interrogation must have been conducted by state-agents.[47]

To establish a violation of the defendant's Fifth Amendment rights, the defendant must show state action, so the interrogation must have been conducted by state-agents.[Note 8] If the interrogation was conducted by a person known by the suspect to be a law enforcement officer the state action requirement is unquestionably met. On the other hand, where a private citizen obtains a statement there is no state action regardless of the custodial circumstances surrounding the statement. A confession obtained through the interrogation by an undercover police officer or a paid informant does not violate Miranda because there is no coercion, no police dominated atmosphere if the suspect does not know that they are being questioned by the police. Private security guards and "private" police present special problems. They are generally not regarded as state-agents. However, an interrogation conducted by a police officer moonlighting as a security guard may well trigger Miranda's safeguards since an officer is considered to be "on duty" at all times.[49]

6. The evidence must be offered by the state during a criminal prosecution.[Note 9]

The evidence is being offered during a criminal proceeding. Under the exclusionary rule, a Miranda-defective statement cannot be used by the prosecution as substantive evidence of guilt. However, the Fifth Amendment exclusionary rule applies only to criminal proceedings. In determining whether a particular proceeding is criminal, the courts look at the punitive nature of the sanctions that could be imposed. Labels are irrelevant. The question is whether the consequences of an outcome adverse to the defendant could be characterized as punishment. Clearly a criminal trial is a criminal proceeding since if convicted the defendant could be fined or imprisoned. However, the possibility of loss of liberty does not make the proceeding criminal in nature. For example, commitment proceedings are not criminal proceedings even though they can result in long confinement because the confinement is considered rehabilitative in nature and not punishment. Similarly, Miranda does not apply directly to probation revocation proceedings because the evidence is not being used as a basis for imposing additional punishment.

Simply advising the suspect of their rights does not fully comply with the Miranda rule. The suspect must also voluntarily waive their Miranda rights before questioning can proceed.[1] An express waiver is not necessary.[51] However, most law enforcement agencies use written waiver forms. These include questions designed to establish that the suspect expressly waived their rights. Typical waiver questions are

• "Do you understand each of these rights?"

and

• "Understanding each of these rights, do you now wish to speak to the police without a lawyer being present?"

The waiver must be "knowing and intelligent" and it must be "voluntary". These are separate requirements. To satisfy the first requirement the state must show that the suspect generally understood their rights (right to remain silent and right to counsel) and the consequences of forgoing those rights (that anything they said could be used against them in court). To show that the waiver was "voluntary" the state must show that the decision to waive the rights was not the product of police coercion. If police coercion is shown or evident, then the court proceeds to determine the voluntariness of the waiver under the totality of circumstances test focusing on the personal characteristics of the accused and the particulars of the coercive nature of the police conduct. The ultimate issue is whether the coercive police conduct was sufficient to overcome the will of a person under the totality of the circumstances. Courts traditionally focused on two categories of factors in making this determination: (1) the personal characteristics of the suspect and (2) the circumstances attendant to the waiver. However, the Supreme Court significantly altered the voluntariness standard in the case of Colorado v. Connelly.[52] In Connelly, the Court held that "Coercive police activity is a necessary predicate to a finding that a confession is not 'voluntary' within the meaning of the Due Process Clause of the Fourteenth Amendment."[53] The Court has applied this same standard of voluntariness in determining whether a waiver of a suspect's Fifth Amendment Miranda rights was voluntary. Thus, a waiver of Miranda rights is voluntary unless the defendant can show that their decision to waive their rights and speak to the police was the product of police misconduct and coercion that overcame the defendant's free will. After Connelly, the traditional totality of circumstances analysis is not even reached unless the defendant can first show such coercion by the police.[54] Under Connelly, a suspect's decisions need not be the product of rational deliberations.[55] In addition to showing that the waiver was "voluntary", the prosecution must also show that the waiver was "knowing" and "intelligent". Essentially this means the prosecution must prove that the suspect had a basic understanding of their rights and an appreciation of the consequences of forgoing those rights. The focus of the analysis is directly on the personal characteristics of the suspect. If the suspect was under the influence of alcohol or other drugs, or suffered from an emotional or mental condition that substantially impaired their capacity to make rational decisions, the courts may well decide that the suspect's waiver was not knowing and intelligent.

A waiver must also be clear and unequivocal. An equivocal statement is ineffective as a waiver and the police may not proceed with the interrogation until the suspect's intentions are made clear. The requirement that a waiver be unequivocal must be distinguished from situations in which the suspect made an equivocal assertion of their Miranda rights after the interrogation began. Any post-waiver assertion of a suspect's Miranda rights must be clear and unequivocal.[56] Any ambiguity or equivocation will be ineffective. If the suspect's assertion is ambiguous, the interrogating officers are permitted to ask questions to clarify the suspect's intentions, although they are not required to.[57] In other words, if a suspect's assertion is ambiguous, the police may either attempt to clarify the suspect's intentions or they may simply ignore the ineffective assertion and continue with the interrogation.[57] The timing of the assertion is significant. Requesting an attorney prior to arrest is of no consequence because Miranda applies only to custodial interrogations. The police may simply ignore the request and continue with the questioning; however, the suspect is also free to leave.

If the defendant asserts his right to remain silent, all interrogation must immediately stop and the police may not resume the interrogation unless they have "scrupulously honored" the defendant's assertion and subsequently obtained a valid waiver before resuming the interrogation.[Note 11] In determining whether the police "scrupulously honored" the assertion the courts apply a totality of the circumstances test. The most important factors are the length of time between termination of the original interrogation and the commencement of the second, and issuing a new set of Miranda warnings before resumption of interrogation.

The consequences of assertion of Sixth Amendment right to counsel are stricter.[Note 12] The police must immediately cease all interrogation and the police cannot reinitiate interrogation unless counsel is present (merely consulting with counsel is insufficient) or the defendant of his own volition contacts the police.[Note 13] If the defendant does reinitiate contact, a valid waiver must be obtained before interrogation may resume.

In Berghuis v. Thompkins (2010), the Supreme Court declared in a 5–4 decision that criminal defendants who have been read their Miranda rights (and who have indicated they understand them and have not already waived them), must explicitly state during or before an interrogation begins that they wish to be silent and not speak to police for that protection against self-incrimination to apply. If they speak to police about the incident before invoking the Miranda right to remain silent, or afterwards at any point during the interrogation or detention, the words they speak may be used against them if they have not stated they do not want to speak to police. Those who oppose the ruling contend that the requirement that the defendant must speak to indicate his intention to remain silent further erodes the ability of the defendant to stay completely silent about the case. This opposition must be put in context with the second option offered by the majority opinion, which allowed that the defendant had the option of remaining silent, saying: "Had he wanted to remain silent, he could have said nothing in response or unambiguously invoked his Miranda rights, ending the interrogation." Thus, having been "Mirandized", a suspect may avow explicitly the invocation of these rights, or, alternatively, simply remain silent. Absent the former, "anything [said] can and will be used against [the defendant] in a court of law".

Assuming that the six factors are present, the Miranda rule would apply unless the prosecution can establish that the statement falls within an exception to the Miranda rule.[Note 14] The three exceptions are:

1. the routine booking question exception[62]
2. the jail house informant exception
3. the public safety exception.[63]

Arguably only the last is a true exception—the first two can better be viewed as consistent with the Miranda factors. For example, questions that are routinely asked as part of the administrative process of arrest and custodial commitment are not considered "interrogation" under Miranda because they are not intended or likely to produce incriminating responses. Nonetheless, all three circumstances are treated as exceptions to the rule. The jail house informant exception applies to situations where the suspect does not know that he is speaking to a state-agent; either a police officer posing as a fellow inmate, a cellmate working as an agent for the state or a family member or friend who has agreed to cooperate with the state in obtaining incriminating information.[64]

Assuming that a Miranda violation occurred—the six factors are present and no exception applies—the statement will be subject to suppression under the Miranda exclusionary rule.[Note 15] That is, if the defendant objects or files a motion to suppress, the exclusionary rule would prohibit the prosecution from offering the statement as proof of guilt. However, the statement can be used to impeach the defendant's testimony.[Note 16] Further, the fruit of the poisonous tree doctrine does not apply to Miranda violations.[Note 17] Therefore, the exclusionary rule exceptions, attenuation, independent source and inevitable discovery, do not come into play, and derivative evidence would be fully admissible. For example, suppose the police continue with a custodial interrogation after the suspect has asserted his right to silence. During his post-assertion statement the suspect tells the police the location of the gun he used in the murder. Using this information the police find the gun. Forensic testing identifies the gun as the murder weapon, and fingerprints lifted from the gun match the suspect's. The contents of the Miranda-defective statement could not be offered by the prosecution as substantive evidence, but the gun itself and all related forensic evidence could be used as evidence at trial.

In addition to Miranda, confession may be challenged under the Massiah Doctrine, the voluntariness standard, provisions of federal and state rules of criminal procedure and state constitutional provisions.

Due to the prevalence of American television programs and motion pictures in which the police characters frequently read suspects their rights, it has become an expected element of arrest procedure—in the 2000 Dickerson decision, Chief Justice William Rehnquist wrote that Miranda warnings had "become embedded in routine police practice to the point where the warnings have become part of our national culture".[102]

While arrests and interrogations can legally occur without the Miranda warning being given, this procedure would generally make the arrestee's pre-Miranda statements inadmissible at trial. (However, pursuant to the plurality opinion in United States v. Patane, physical evidence obtained as a result of pre-Miranda statements may still be admitted. There was no majority opinion of the Court in that case.)

In some jurisdictions, a detention differs at law from an arrest, and police are not required to give the Miranda warning until the person is arrested for a crime. In those situations, a person's statements made to police are generally admissible even though the person was not advised of their rights. Similarly, statements made while an arrest is in progress before the Miranda warning was given or completed are also generally admissible.

Because Miranda applies only to custodial interrogations, it does not protect detainees from standard booking questions such as name and address. Because it is a protective measure intended to safeguard the Fifth Amendment right against self-incrimination, it does not prevent the police from taking blood without a warrant from persons suspected of driving under the influence of alcohol. (Such evidence may be self-incriminatory, but are not considered statements of self-incrimination.)

If an inmate is in jail and invoked Miranda on one case, it is unclear whether this extends to any other cases that they may be charged with while in custody. For example: a subject is arrested, charged with cattle raiding, and is held in county jail awaiting trial. He invoked his Miranda rights on the cattle case. While in custody, he is involved in a fight where a staff member loses his ability to walk. He speaks to the custodial staff regarding the fight without staff first invoking Miranda. It is unclear if this statement is admissible because of the original Miranda statement.

Many police departments give special training to interrogators with regard to the Miranda warning; specifically, how to influence a suspect's decision to waive the right. For instance, the officer may be required to specifically ask if the rights are understood and if the suspect wishes to talk. The officer is allowed, before asking the suspect a question, to speak at length about evidence collected, witness statements, etc. The officer will then ask if the suspect wishes to talk, and the suspect is then more likely to talk in an attempt to refute the evidence presented. Another tactic commonly taught is never to ask a question; the officer may simply sit the suspect down in an interrogation room, sit across from him and do paperwork, and wait for the suspect to begin talking.[103] These tactics are intended to mitigate the restrictions placed on law officers against compelling a suspect to give evidence, and have stood up in court as valid lawful tactics. Nevertheless, such tactics are condemned by legal rights groups as deceptive.

Whether arising from their constitutions, common law, or statute, many nations recognize a defendant's right to silence.[107][108]

• Arrest
• Civil rights
• Criminal justice
• Garrity warning
• Kalkines warning
• Right to silence
• Uniform Code of Military Justice
• United States constitutional criminal procedure

• Coldrey, J. (1990). "The Right to Silence Reassessed". 74 Victorian Bar News 25.
• Coldrey, J. (1991). "The Right to Silence: Should It Be Curtailed or Abolished?", 20 Anglo-American Law Review 51. doi:10.1177/147377959102000104.
• "Rehnquist's legacy" The Economist. July 2–8, 2005. p. 28.
• Stevenson, N. (1982). "Criminal Cases in the NSW District Court: A Pilot Study". In J. Basten, M. Richardson, C. Ronalds and G. Zdenkowski (eds.), The Criminal Injustice System. Sydney: Australian Legal Workers Group (NSW) and Legal Service Bulletin.
• "The Miranda Warning". The U.S. Constitution Online. N.p., n.d. Web. November 4, 2012.

• Don't Talk to the Police—Lecture by Professor James Duane of the Regent University School of Law and Officer George Bruch from the Virginia Beach police department.
• Miranda Rights and Illegal Immigrants on Real Law Radio—Host Bob DiCello discusses the Miranda rights of illegal immigrants in Arizona with author, Gary L. Stuart on the legal news talk radio program, Real Law Radio (Saturday, May 8, 2010).
• Shahzad and Miranda Rights Prof. Orin Kerr