Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.
Chief Justice of the Supreme Court of the United States from 1953 to 1969 (1891–1974)
Earl Warren (19 March 1891 – 9 July 1974) was an American politician and jurist who served as 30th governor of California from 1943 to 1953 and as the 14th chief justice of the U.S. Supreme Court from 1953 to 1969. The "Warren Court" presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a "Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as Brown v. Board of Education (1954), Reynolds v. Sims (1964), Miranda v. Arizona (1966) and Loving v. Virginia (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He is the last chief justice to have served in an elected office before entering the Supreme Court, and is generally considered to be one of the most influential Supreme Court justices and political leaders in the history of the United States.
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Alternative Names:
Chief Justice Warren
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I believe the preservation of our civil liberties to be the most fundamental and important of all our governmental problems, because it always has been with us and always will be with us and if we ever permit those liberties to be destroyed, there will be nothing left in our system worthy of preservation. They constitute the soul of democracy. I believe that there is grave danger in this country of losing our civil liberties as they have been lost in other countries. There are things transpiring in this country today that are definitely menacing our future; among which are the activities of Mayor Hague and other little Hagues throughout the country. These activities are so basically wrong and so menacing to our institutions that every citizen and particularly every public official should oppose them to the limit of their strength.
There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification. The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy. We have consistently denied the constitutionality of measures which restrict the rights of citizens on account of race. There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause.
The abhorrence of society to the use of involuntary confessions does not turn alone on their inherent untrustworthiness. It also turns on the deep-rooted feeling that the police must obey the law while enforcing the law; that, in the end, life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals themselves.
The Brown case and the changes it brought causes many people to believe that it was the most important case of my tenure on the Court. That appraisal may be correct, but I have never thought so. It seemed to me that accolade should go to the case of Baker v. Carr (1962), which was the progenitor of the "one man, one vote" rule.
To summarize, we hold that, when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed to protect the privilege, and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He 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.
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