Miranda

NATIONAL

Warnings, waiver, and invocation. Follow your agency policy and the law of your state; wording and recording requirements vary.

Miranda warnings — read verbatim

You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to talk to a lawyer for advice before we ask you any questions and to have a lawyer with you during questioning.
If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish.

Waiver questions

Do you understand each of these rights as I have explained them to you?
Having these rights in mind, do you wish to talk to us now?

Trigger check — warnings are required when BOTH are trueThe person is in custody (a reasonable person would not feel free to leave or end the encounter).The person is being interrogated, or asked questions reasonably likely to elicit an incriminating response.If either one is missing, Miranda warnings are generally not triggered — document why.Public-safety exception questions are narrow: only to address an immediate danger, per agency policy and case law.

Waiver vs. invocationA waiver must be knowing, voluntary, and intelligent. Get an express answer to the waiver questions where possible.Silence alone, or an ambiguous statement, is not the same as a clear invocation in every circumstance — but stop and clarify rather than pressing on.A clear, unequivocal request for a lawyer: stop interrogation on all offenses until counsel is provided or the person reinitiates (follow current case law and agency policy).A clear invocation of the right to silence: stop, do not resume without following the strict rules for re-approach, and document the exact words used.Record the warning, the answers, and the exact time whenever your equipment and policy allow.