Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.
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Miranda v. Arizona, 384 U. S. 436, 445 (1965) - Opinion of the CourtEarl Warren
To summarize, we hold that, when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed to protect the privilege, and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.
Earl Warren
I am a tax attorney. I have to warn you, this is not a pretty sight. You have a tax attorney who's also a politician. So if there's anyone who needs sanctification, it is me.
Michele Bachmann
As Attorney General, Solicitor General, and Assistant Attorney General,…he lost but a single case in the Supreme Court. Against [that] may be tallied some twenty-seven arguments which he won.
Robert H. Jackson
Is it not remarkable that the common repute which we all give to attorneys in the general is exactly opposite to that which every man gives to his own attorney in particular? Whom does anybody trust so implicitly as he trusts his own attorney? And yet is it not the case that the body of attorneys is supposed to be the most roguish body in existence?
Anthony Trollope
The defendant wants to hide the truth because he's generally guilty. The defense attorney's job is to make sure the jury does not arrive at that truth.
Alan Dershowitz
Warren, Earl
Warren, Rick
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