What is the Miranda rights of a suspect?

To protect a suspect's privilege against self-incrimination, when the suspect is taken into custody "[h]e 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." (Miranda, supra, 384 U.S. at p. 479.) Advising the suspect of these Miranda rights "is the first line of defense against the suspect's involuntary waiver of the privilege against self-incrimination." (People v. Gonzalez (2005) 34 Cal.4th 1111, 1122.)

Once properly warned of Miranda rights, a suspect may waive them provided the waiver is voluntarily, knowingly and intelligently made. (Miranda, supra, 384 U.S. at p. 479.) If the suspect effectively waives his right to counsel after receiving the Miranda warnings, law enforcement officers are free to question him. (See North Carolina v. Butler (1979) 441 U.S. 369, 372-376.)