Question

what is included in the warning when the police arrest an individual (Miranda)

Answer 1

Many states have their own specific variation of the Miranda requirements to be used by their police officers, so the language is slightly different from one police department to another. The most common addition to these core Miranda rights was to end the traditional warning with a "do you understand these rights as they were read to you" question? A suspect must affirmatively answer that they understand these rights before police questioning can begin-court will not interpret silence as a sufficient Miranda warning acknowledgement.

This principle was firmly established by the United States Supreme Court in a 2010 decision. In that case, a suspect of murder refused to sign an acknowledgement of his Miranda rights, then made statements later during police interrogation that were used against him in his conviction for the crime. The Court ruled that the responsibility was on the defendant to claim his rights to Miranda, and his failure to sign the acknowledgment was effectively a denial of those rights.

If you are not made aware by the police of your Miranda rights, nothing can be used against you in court in response to police questioning during a custodial interrogation. Furthermore, any evidence deriving from that inappropriate custodial interrogation is also inadmissible. For example, if the police fail to make you aware of your Miranda rights and question you are leading them to a murder weapon, that weapon and the contents of that interrogation are both inadmissible unless they can show that without your statements they would have found the weapon.