Is a police officer required to give a suspect a Miranda warning during a custodial interrogation?

MultiRegion, United States of America

The following excerpt is from U.S. v. Ramirez, 79 F.3d 298 (2nd Cir. 1996):

Miranda warnings are intended principally to safeguard the suspect's privilege against self-incrimination. See, e.g., Weaver v. Brenner, 40 F.3d 527, 534 (2d Cir.1994). To that end, law enforcement agents conducting a custodial interrogation are required to advise a suspect, inter alia, that he has the right to remain silent and the right to consult with counsel. If the government wishes to introduce into evidence at trial a statement made during such an interrogation, it has the burden of establishing by a preponderance of the evidence that the suspect waived his Miranda rights and that his statement was "truly the product of free choice." United States v. Anderson, 929 F.2d 96, 99 (2d Cir.1991).

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