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If the police arrest a person and want to question him, generally they must advise him: 1) He has a right to remain silent; 2) anything he says can and will be used against him in a court; 3) he has the right to speak to an attorney; 4) a right to have an attorney present during any questioning; and 5) if he cannot afford a lawyer, one will be provided for him at government expense. This is the Miranda warning.

The police do not have to give the Miranda warning if they do not want to question someone they have arrested.

A person is required to provide identifying information and a Miranda warning is not required for this information.

If the police arrest and question someone without giving him the Miranda warning the statements may not be used in court against him.


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