Legal Definitions - Mirandize

Definition: Mirandize refers to the act of reading or reciting a Miranda warning. The Miranda warning is a statement that informs a person of their rights when they are being arrested or questioned by the police. The requirement to give Miranda warnings came from the Supreme Court decision, Miranda v. Arizona, 384 US 436 (1966). In Miranda, the Court held that a defendant cannot be questioned by police in the context of a custodial interrogation until the defendant is made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if indigent.

For example, if a police officer arrests someone and wants to question them about a crime, they must first Mirandize the person by reading them their rights. The officer might say something like, "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 an attorney. If you cannot afford an attorney, one will be appointed for you."

Note the changes to Miranda warning consequences in Vega v. Tekoh. In Vega v. Tekoh (2022) the Supreme Court held that violating Miranda Rights does not provide a basis for a § 1983 claim. Meaning, officers who fail to Mirandize individuals prior to an interrogation have qualified immunity.