The 1966 Supreme Court decision in Miranda v. Arizona is one of the most famous Supreme Court decisions in U.S. history. Miranda is also one of the very few Supreme Court decisions which practically everybody knows by name. Miranda is a staple of detective shows and movies, where police officers always "Mirandize" a suspect before questioning. Police officers carry a Miranda card in their wallets so that they can be sure to read them correctly to a suspect once he has been placed under arrest. These rights are 1) The right to remain silent; 2) Anything you say can be used against you in court; 3) The right to an attorney; and 4) If you cannot afford an attorney, one will be provided to you.
Many people do not have a clear understanding of when Miranda applies. Miranda only applies during custodial interrogation. The suspect must be in custody and must be subject to interrogation. If a suspect makes a statement or statements while not in custody, Miranda will not help him. Further, if the suspect volunteers statements when he was not asked any questions, Miranda will not help him here either. Miranda only applies to statements given in response to questioning while in custody. The smartest thing for a person to do if they are placed under arrest is to refuse to answer questions other than pedigree questions and to ask for a lawyer. This is true regardless of whether an arrestee is innocent or guilty. An arrest is truly a time for discretion and it is important to remember that the police officer who has just arrested you is not your friend.
One misconception about Miranda is that an arrest must be tossed out if the officer doesn't advise you of your Miranda rights. This is false. If the officer fails to Mirandize a suspect, any statement that person makes in response to questioning while in police custody will be suppressed. Suppression of the statement or statements, as well as fruits of these statements, is the remedy for the officer's failure to advise the suspect of his Miranda rights. If the police have other evidence unrelated to the statements, the government is entitled to pursue prosecution with its other evidence.
