Miranda Rights by State (2026)
About this article
Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| Alabama | Ala. Code § 12-15-202 — Juvenile Rights During Interrogation |
| Alaska | Alaska Constitution, Art. I, § 9 — Right Against Self-Incrimination |
| Arizona | A.R.S. § 13-3988 — Arizona voluntariness of confessions (statements without Miranda warnings inadmissible) |
| Arkansas | Arkansas Rules of Criminal Procedure — Rights of the Accused, Rule 2.2 |
| California | California Welfare & Institutions Code § 625.6 — SB 203 Miranda consultation right for minors under 18 |
| Colorado | C.R.S. § 16-3-601 — Colorado requirement for electronic recording of custodial interrogations |
| Connecticut | CGS § 54-1o — Electronic recording of custodial interrogations |
| Delaware | Delaware Criminal Procedure — interrogation rights, 11 Del. C. § 1902 et seq. |
| District of Columbia | D.C. Rights-Advisory Requirements, D.C. Code § 5-115.01 et seq. |
| Florida | Florida Juvenile Rights, Fla. Stat. § 985.101 |
| Hawaii | Hawaii Arrest Procedures — HRS § 803-6 |
| Idaho | Idaho Code § 19-513 — right to counsel and state criminal procedure |
| Illinois | 725 ILCS 5/103-2.1 — Illinois mandatory electronic recording of custodial interrogations |
| Indiana | Indiana Constitution Art. 1 § 14 — right against self-incrimination |
| Iowa | Iowa Code § 812.2 — Electronic Recording of Custodial Interrogations (serious felonies) |
| Kansas | K.S.A. § 22-2902 — Kansas Criminal Procedure: Custodial Interrogation Rights |
| Kentucky | KRS § 610.200 et seq. — Juvenile Rights During Interrogation |
| Louisiana | Louisiana Constitution, Art. I, § 13 — Right Against Self-Incrimination |
| Maine | Maine Constitution, Art. I, § 6 — protection against self-incrimination |
| Maryland | Maryland Recorded Interrogations, MD Code, Criminal Procedure § 2-402 |
| Massachusetts | Massachusetts Constitution, Part 1, Art. 12 — right against self-incrimination (state Miranda basis) |
| Michigan | MCL § 764.27 — juvenile Miranda protections (parent/guardian consultation) |
| Minnesota | Minn. Stat. § 634.35 — Recording of Custodial Interrogations |
| Mississippi | Miss. Code Ann. § 99-1-1 et seq. — Mississippi criminal procedure |
| Missouri | Missouri Juvenile Rights Upon Custody, RSMo § 211.059 |
| Montana | Montana Constitution Art. II, § 25 — privilege against self-incrimination |
| Nebraska | Neb. Rev. Stat. § 29-401 — Criminal Procedure |
| Nevada | NRS 171 — Criminal Procedure (Arrest and Rights) |
| New Hampshire | NH Constitution, Part I, Art. 15 — protection against self-incrimination |
| New Jersey | NJ Civil Rights Act, N.J.S.A. 10:6-2 |
| New Mexico | New Mexico Constitution, Art. II, § 14 — self-incrimination and right to counsel |
| New York | NY Criminal Procedure Law § 60.45 — admissibility of statements and Miranda |
| North Carolina | N.C. Gen. Stat. § 15A-211 — Recording of custodial interrogations |
| North Dakota | N.D. Cent. Code § 29-29-18 — Electronic Recording of Interrogations |
| Oklahoma | Oklahoma Juvenile Code — Interrogation Rights, 10A Okl. St. § 2-2-301 |
| Oregon | Oregon recording of custodial interrogations — ORS § 133.400 |
| Pennsylvania | Pennsylvania Juvenile Act — rights during interrogation, 42 Pa.C.S. § 6338 |
| Rhode Island | R.I. Gen. Laws § 12-7 — criminal procedure and arrest rights |
| South Carolina | S.C. Code § 63-19-1010 et seq. — Juvenile Custodial Procedures |
| South Dakota | SDCL § 23A-4 — Criminal Procedure |
| Tennessee | TCA § 40-14-207 — Electronic Recording of Custodial Interrogations |
| Texas | Texas Custodial Interrogation Recording Requirement, Tex. Code Crim. Proc. Art. 38.22 |
| Utah | Utah Arrest Procedures — Utah Code § 77-7 |
| Vermont | Vermont Constitution, Ch. I, Art. 10 — self-incrimination and due process protections |
| Virginia | Virginia Juvenile Miranda Procedures, Va. Code § 16.1-247 |
| Washington | RCW 13.40.140 — Juvenile Rights During Questioning |
| West Virginia | W. Va. Code § 49-4-701 — Juvenile rights during questioning |
| Wisconsin | Wis. Stat. § 972.115 — Electronic Recording of Custodial Interrogations |
| Wyoming | Wyo. Stat. § 7-1-101 et seq. — Wyoming criminal procedure |
What is this right?
The Miranda warning is one of the most-recited pieces of American legal language and one of the most misunderstood. The Supreme Court created it in Miranda v. Arizona in 1966, after Ernesto Miranda confessed to a crime in a Phoenix interrogation room without anyone telling him he didn't have to talk. The Court ruled that before any custodial interrogation, police have to tell you four things: you have the right to remain silent, anything you say can be used against you, you have the right to a lawyer, and if you can't afford one, one will be appointed.
The catch is in the words "custodial interrogation." Both parts have to be present. You're in custody (not free to leave) and they're asking you questions. If they question you on the side of the road during a regular traffic stop, that's not custody. If they arrest you and never ask anything, no Miranda needed. And under Berghuis v. Thompkins (2010), staying quiet isn't enough — you have to say you're invoking your rights, out loud.
When does it apply?
Miranda kicks in when both of these are true:
- You're in police custody — arrested, or otherwise not free to leave.
- Police are interrogating you — asking questions designed to get incriminating answers.
Three things people get wrong:
- "They have to read me my rights when they arrest me." Not automatically. Miranda is only triggered if they want to question you. An arrest with no questioning, no Miranda needed, and the arrest is still valid.
- "No Miranda means the case gets thrown out." No — it means your statements made during the un-Mirandized interrogation may be suppressed. Physical evidence, witness testimony, surveillance video — all of that still stands.
- "Anything I say before Miranda can't be used." Voluntary statements made before you were in custody — including blurting something out at the scene — can be used even without warnings.
What to Do If Police Are Questioning You
Two sentences memorize them now and you've done 90% of the work.
Step 1: Say it out loud. "I am invoking my right to remain silent." Plain English, no hedging. After Berghuis v. Thompkins, sitting there saying nothing is not enough — you have to actually invoke.
Step 2: Ask for a lawyer. "I want a lawyer." Under Edwards v. Arizona (1981), once you ask for counsel, all interrogation has to stop until your lawyer is present. Repeat the request if they keep asking.
Step 3: Then actually shut up. No small talk. No "I just want to explain." No casual conversation in the back of the car. Everything is being recorded, and "I didn't really do it like that" sounds a lot like a confession to a jury.
Step 4: Stay physically cooperative. Refusing to answer questions is your right. Refusing to follow lawful physical orders (sit down, put your hands on the dash) is a separate charge. Comply with the body, lock the mouth.
What should you NOT do?
Don't waive. "It'll go easier if you just talk" is the oldest line in the book. "Only guilty people lawyer up" is the second oldest. Both are interrogation tactics. Innocent people get convicted on their own statements all the time.
Don't half-invoke. "Maybe I should get a lawyer" or "I think I want one" gets read as ambiguous, and ambiguous gets you back into questioning. The Supreme Court said in Davis v. United States (1994) that the request has to be unambiguous. "I want a lawyer. I will not answer questions." Period.
Don't consent to a search just because you invoked silence. Different right. "I do not consent to any searches" is its own sentence.
Don't fight back physically. Whatever rights are being violated, physical resistance turns a contestable case into a clean charge of resisting arrest or assault on an officer. Fight it in court with a lawyer.
Worked example
ScenarioPolice arrest you and, without reading any warnings, start asking where you were last night. You answer.
OutcomeBecause you were both in custody and being interrogated, Miranda warnings were required first. Statements from a custodial interrogation without those warnings can be suppressed (kept out of evidence). The safest move at the time is to say you want to remain silent and want a lawyer, then stop talking.
Verified against Miranda v. Arizona (384 U.S. 436) — warnings are required for custodial interrogation, not automatically on arrest. General information, not legal advice; assert your rights calmly and let a lawyer challenge any violation.
You shouldn't have to hire a lawyer to assert your rights.
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Common Questions
When do police have to read me my rights?
Only before a 'custodial interrogation' — when you're both in custody (not free to leave) and being questioned. Police don't have to read Miranda just because they arrest you, and statements you volunteer without questioning can still be used against you.
What happens if police don't read me my Miranda rights?
It doesn't automatically dismiss the case. The usual consequence is that statements obtained from a custodial interrogation without warnings can be suppressed — kept out of evidence. Other evidence may still stand. A lawyer can move to suppress improper statements.
How do I actually invoke my right to remain silent?
Say it clearly and out loud — courts have held that simply staying quiet isn't always enough. State something like 'I am invoking my right to remain silent and I want a lawyer,' then stop answering questions. Once you ask for a lawyer, questioning should stop.
Can I be punished for staying silent?
Your silence after invoking the right generally can't be used against you at trial. Exercise it calmly and respectfully. You still must provide basic identifying information where state law requires it — see your state's section above.
Should I talk to police to clear things up?
Even innocent people can hurt their case by talking without a lawyer. You can decline politely: 'I'd like a lawyer before I answer questions.' That isn't an admission of guilt — it's a constitutional right. Your state's section above notes local procedures.
State-by-state details
Alabama
Primary statute: Ala. Code § 12-15-202 — Juvenile Rights During Interrogation
Full Alabama guide →Alaska
Primary statute: Alaska Constitution, Art. I, § 9 — Right Against Self-Incrimination
Alaska follows the federal Miranda standard with some additional state protections:
- Miranda warnings are required before any custodial interrogation
- Alaska courts apply the totality-of-the-circumstances test to determine whether a person is in custody
- The Alaska Supreme Court has held that Alaska's constitutional right against self-incrimination (Art. I, § 9) may provide broader protections than the Fifth Amendment
- Juveniles have enhanced protections — Alaska requires that a parent, guardian, or attorney be present during custodial interrogation of minors
- Statements obtained without proper Miranda warnings are inadmissible in the prosecution's case-in-chief
Arizona
Primary statute: A.R.S. § 13-3988 — Arizona voluntariness of confessions (statements without Miranda warnings inadmissible)
Arizona is the birthplace of the Miranda rule — the landmark case originated with the Phoenix Police Department's interrogation of Ernesto Miranda:
- Miranda warnings are required before custodial interrogation — this rule originated from the 1966 U.S. Supreme Court case involving Arizona
- Arizona courts apply the federal standard for determining custody and voluntariness
- Arizona has protections for juveniles during interrogation: under A.R.S. § 8-221, a juvenile's parent or guardian must be notified and given the opportunity to be present
- Arizona courts take Miranda violations seriously given the state's historic connection to the doctrine
- Statements obtained in violation of Miranda are inadmissible in Arizona courts
Arkansas
Primary statute: Arkansas Rules of Criminal Procedure — Rights of the Accused, Rule 2.2
Arkansas follows the federal Miranda standard:
- Miranda warnings are required before any custodial interrogation
- Arkansas courts use the totality-of-the-circumstances test to determine custody
- Statements obtained without proper Miranda warnings are inadmissible in the prosecution's case-in-chief
- Juveniles have additional protections under the Arkansas Juvenile Code — courts closely examine the voluntariness of juvenile confessions
- Arkansas courts have upheld that voluntary, spontaneous statements (not in response to interrogation) are admissible even without Miranda
California
Primary statute: California Welfare & Institutions Code § 625.6 — SB 203 Miranda consultation right for minors under 18
California follows federal Miranda rules but provides additional protections:
- Minors: Under SB 203 (signed 2021, effective January 1, 2022), youth 17 and under must consult with an attorney before waiving Miranda rights. This expanded the prior SB 395 (2018) protection, which only covered youth under 16. This is one of the strongest youth Miranda protections in the country.
- Language access: California requires Miranda warnings be given in a language the suspect understands. Failure to do so can result in suppression of statements.
- California Constitution: Article I, Section 15 independently guarantees the right against self-incrimination, providing a parallel state-level protection.
Colorado
Primary statute: C.R.S. § 16-3-601 — Colorado requirement for electronic recording of custodial interrogations
Colorado follows the federal Miranda standard with important state-specific protections:
- Miranda warnings are required before custodial interrogation by Colorado law enforcement
- The Colorado Constitution, Art. II, § 18 protects against compelled self-incrimination
- Colorado has enhanced protections for juveniles: under CRS § 19-2.5-203, juveniles must be advised of their rights, and efforts must be made to contact a parent or guardian
- Colorado requires electronic recording of custodial interrogations for certain crimes (CRS § 16-3-601)
- Colorado courts apply the totality of the circumstances test for voluntariness of Miranda waivers
- Statements obtained in violation of Miranda are generally inadmissible in Colorado courts
Connecticut
Primary statute: CGS § 54-1o — Electronic recording of custodial interrogations
Connecticut follows the federal Miranda standard with additional state protections:
- Miranda warnings are required before any custodial interrogation
- Connecticut courts may provide broader protections under the state constitution (Art. I, § 8 — due process)
- Connecticut enacted the PROTECT Act in 2019, requiring recording of custodial interrogations for serious felonies
- Juveniles have enhanced protections — Connecticut courts closely scrutinize the voluntariness of juvenile statements
- Statements obtained without proper Miranda warnings are inadmissible in the prosecution's case-in-chief
Delaware
Primary statute: Delaware Criminal Procedure — interrogation rights, 11 Del. C. § 1902 et seq.
Delaware follows the federal Miranda standard:
- Miranda warnings are required before any custodial interrogation
- Delaware courts use the totality-of-the-circumstances test to determine custody
- Statements obtained without proper Miranda warnings are inadmissible
- Delaware has been moving toward requiring recorded interrogations for serious felonies
- Juveniles have additional protections — Delaware law provides that a parent/guardian should be notified and courts scrutinize juvenile confessions closely
District of Columbia
Primary statute: D.C. Rights-Advisory Requirements, D.C. Code § 5-115.01 et seq.
D.C. follows federal Miranda rules with some additional local protections:
- D.C. Code § 5-115.01 to .05: D.C. has its own statutory rights-advisory requirements for arrested persons that supplement federal Miranda.
- Electronic recording: The D.C. Metropolitan Police Department (MPD) requires electronic recording of custodial interrogations as a matter of department policy.
- Youth protections: Under D.C. law, juveniles must be informed of their rights in age-appropriate language, and efforts must be made to contact a parent or guardian before questioning.
- Body camera footage: D.C.'s body-worn camera program (one of the largest in the country) may capture interactions where Miranda warnings are or aren't given, providing important evidence.
Florida
Primary statute: Florida Juvenile Rights, Fla. Stat. § 985.101
Florida follows standard federal Miranda rules with some state specifics:
- Florida Constitution Art. I, § 9: Guarantees the right against self-incrimination. However, Florida voters amended the state constitution in 1982 (Truth in Evidence amendment, Art. I, § 12) to align state search and confession law with federal standards, limiting judicial expansion beyond federal protections.
- Juvenile protections (Fla. Stat. § 985.101): Juveniles must be informed of their Miranda rights in language appropriate for their age. A parent or guardian should be notified, but their absence does not automatically invalidate a waiver.
- No mandatory recording: Florida does not require electronic recording of interrogations statewide, though some departments follow recording policies voluntarily.
Hawaii
Primary statute: Hawaii Arrest Procedures — HRS § 803-6
Hawaii follows the federal Miranda standard with state constitutional protections:
- Miranda warnings are required before custodial interrogation
- The Hawaii Constitution, Art. I, § 10 provides the right against self-incrimination, which courts apply alongside federal Miranda requirements
- Hawaii courts apply the totality-of-the-circumstances test for custody determination
- Statements obtained without Miranda warnings are inadmissible
- Hawaii's unique island jurisdiction means encounters with police may involve county police departments (Honolulu PD, Maui PD, Hawaii PD, Kauai PD) — each with its own procedures
Idaho
Primary statute: Idaho Code § 19-513 — right to counsel and state criminal procedure
Idaho follows the federal Miranda standard:
- Miranda warnings are required before custodial interrogation
- Idaho courts apply the totality-of-the-circumstances test to determine custody
- Statements obtained without Miranda warnings are inadmissible in the prosecution's case-in-chief
- Idaho has a strong law enforcement culture — knowing your rights is particularly important during police encounters
- Juveniles have additional protections; courts scrutinize the voluntariness of juvenile confessions closely
Illinois
Primary statute: 725 ILCS 5/103-2.1 — Illinois mandatory electronic recording of custodial interrogations
Illinois provides additional Miranda protections beyond federal law:
- Electronic recording required (725 ILCS 5/103-2.1): Illinois requires electronic recording of all custodial interrogations at police stations for most felony cases. Unrecorded statements are presumed inadmissible.
- Juvenile protections: Under 705 ILCS 405/5-170, juveniles under 15 cannot waive Miranda rights without consulting with an attorney first. Youth aged 15-17 must have a parent, guardian, or attorney present.
- Illinois Constitution Art. I, § 10: Independently guarantees the right against self-incrimination, providing a parallel state constitutional protection.
Indiana
Primary statute: Indiana Constitution Art. 1 § 14 — right against self-incrimination
Indiana follows the federal Miranda standard with state constitutional protections:
- Miranda warnings are required before custodial interrogation by Indiana law enforcement
- The Indiana Constitution, Art. 1, § 14 provides the right against self-incrimination
- IN courts apply the federal standard for determining custody and voluntariness of waivers
- Indiana has protections for juveniles: under IC § 31-32-5, juveniles have the right to be informed of their rights in language they can understand, and a parent, guardian, or custodian should be notified
- Indiana courts consider the totality of the circumstances, including age, education, and experience
- Statements obtained in violation of Miranda are generally inadmissible in Indiana courts
Iowa
Primary statute: Iowa Code § 812.2 — Electronic Recording of Custodial Interrogations (serious felonies)
Iowa follows the federal Miranda standard:
- Miranda warnings are required before any custodial interrogation
- Iowa courts use the totality-of-the-circumstances test to determine custody
- Statements obtained without proper Miranda warnings are inadmissible
- Iowa requires electronic recording of custodial interrogations for serious felonies under Iowa Code § 812.2
- Juveniles have additional protections — Iowa Code § 232.11 requires notification of parents/guardians
Kansas
Primary statute: K.S.A. § 22-2902 — Kansas Criminal Procedure: Custodial Interrogation Rights
Kansas follows the federal Miranda standard:
- Miranda warnings are required before any custodial interrogation
- Kansas courts use the totality-of-the-circumstances test to determine custody
- Statements obtained without proper Miranda warnings are inadmissible
- Kansas has moved toward requiring electronic recording of interrogations for certain felonies
- Juveniles have additional protections under the Kansas Juvenile Justice Code
Kentucky
Primary statute: KRS § 610.200 et seq. — Juvenile Rights During Interrogation
Full Kentucky guide →Louisiana
Primary statute: Louisiana Constitution, Art. I, § 13 — Right Against Self-Incrimination
Louisiana follows the federal Miranda standard with strong state constitutional protections:
- Louisiana Constitution, Art. I, § 13 provides a right against self-incrimination
- Miranda warnings required before custodial interrogation
- Louisiana has enhanced juvenile protections: juveniles must be advised of rights and have a parent/guardian or attorney consulted
- Louisiana mandates electronic recording of custodial interrogations for certain felonies (La. R.S. § 15:453)
Maine
Primary statute: Maine Constitution, Art. I, § 6 — protection against self-incrimination
Maine follows the federal Miranda standard with state constitutional protections:
- Miranda warnings are required before custodial interrogation
- The Maine Constitution, Art. I, § 6 provides protection against self-incrimination
- Maine courts use the totality-of-the-circumstances test to determine custody
- Statements obtained without proper warnings are inadmissible
- Maine has enhanced juvenile protections — the Juvenile Code requires special considerations for youth interrogations
- Maine courts emphasize that waivers must be knowing, intelligent, and voluntary
Maryland
Primary statute: Maryland Recorded Interrogations, MD Code, Criminal Procedure § 2-402
Maryland follows the federal Miranda standard with important state-specific provisions:
- Miranda warnings are required before custodial interrogation by Maryland law enforcement
- The Maryland Declaration of Rights, Art. 22, protects against compelled self-incrimination
- Maryland has enhanced protections for juveniles: under MD Code, Courts & Judicial Proceedings § 3-8A-14, juveniles must be informed of their rights, and a parent, guardian, or attorney should be present
- Maryland requires electronic recording of custodial interrogations for certain felonies (MD Code, Criminal Procedure § 2-402)
- Maryland courts apply the totality of the circumstances test for voluntariness of Miranda waivers
- Statements obtained in violation of Miranda are inadmissible in Maryland courts
Massachusetts
Primary statute: Massachusetts Constitution, Part 1, Art. 12 — right against self-incrimination (state Miranda basis)
Full Massachusetts guide →Michigan
Primary statute: MCL § 764.27 — juvenile Miranda protections (parent/guardian consultation)
Michigan follows the federal Miranda standard with important state-specific protections:
- Miranda warnings are required before custodial interrogation by Michigan law enforcement
- Michigan courts apply the federal standard for determining "custody" — whether a reasonable person would feel free to leave
- Michigan has enhanced protections for juveniles: under MCL § 764.27, juveniles must be provided the opportunity to consult with a parent or guardian before interrogation
- Michigan courts have been protective of the right to counsel once invoked — police must cease questioning
- Statements obtained without proper Miranda warnings are inadmissible in Michigan courts
Minnesota
Primary statute: Minn. Stat. § 634.35 — Recording of Custodial Interrogations
Minnesota follows the federal Miranda standard with enhanced protections:
- Miranda warnings are required before custodial interrogation
- Minnesota courts apply the Scales factors (State v. Scales) to determine custody — considering location, duration, nature of questioning, and degree of restraint
- Juveniles have enhanced protections: under Minn. Stat. § 260B.163, a parent or guardian must be notified and present when practicable
- Minnesota requires electronic recording of custodial interrogations for certain crimes (Minn. Stat. § 634.35)
Mississippi
Primary statute: Miss. Code Ann. § 99-1-1 et seq. — Mississippi criminal procedure
Full Mississippi guide →Missouri
Primary statute: Missouri Juvenile Rights Upon Custody, RSMo § 211.059
Missouri follows the federal Miranda standard with state-specific considerations:
- Miranda warnings are required before custodial interrogation by Missouri law enforcement
- The Missouri Constitution, Art. I, § 19 protects against compelled self-incrimination
- MO courts apply the federal standard for custody determinations and waiver analysis
- Missouri has protections for juveniles: under RSMo § 211.059, law enforcement must attempt to notify the juvenile's parent or guardian prior to interrogation
- Missouri courts consider the totality of the circumstances in evaluating whether Miranda waivers were voluntary
- Statements obtained in violation of Miranda are generally inadmissible in Missouri courts
Montana
Primary statute: Montana Constitution Art. II, § 25 — privilege against self-incrimination
Full Montana guide →Nebraska
Primary statute: Neb. Rev. Stat. § 29-401 — Criminal Procedure
Nebraska follows the federal Miranda standard established by the U.S. Supreme Court:
- Miranda warnings are required before any custodial interrogation by law enforcement
- Nebraska courts use the totality-of-the-circumstances test to determine whether a person is "in custody"
- Statements obtained without proper Miranda warnings are inadmissible in the prosecution's case-in-chief
- Juveniles in Nebraska have additional protections — parents or guardians should be contacted, and courts closely scrutinize the voluntariness of juvenile statements
- You have the right to remain silent and the right to an attorney at all stages of interrogation
Nevada
Primary statute: NRS 171 — Criminal Procedure (Arrest and Rights)
Nevada follows the federal Miranda standard:
- Miranda warnings are required before any custodial interrogation
- Nevada courts use the totality-of-the-circumstances test to determine custody
- Statements obtained without proper Miranda warnings are inadmissible
- Nevada has moved toward requiring electronic recording of custodial interrogations for certain felonies
- Juveniles have additional protections under the Nevada Juvenile Justice chapter
New Hampshire
Primary statute: NH Constitution, Part I, Art. 15 — protection against self-incrimination
New Hampshire follows the federal Miranda standard with strong state constitutional protections:
- Miranda warnings are required before custodial interrogation
- The New Hampshire Constitution, Part I, Art. 15 provides protection against self-incrimination
- NH courts apply the totality-of-the-circumstances test for custody
- Juveniles have enhanced protections — a parent or guardian should be present during interrogation
- New Hampshire courts have been protective of defendants' rights, requiring clear and voluntary waivers
New Jersey
Primary statute: NJ Civil Rights Act, N.J.S.A. 10:6-2
New Jersey provides significantly stronger Miranda protections than federal law:
- State v. W.B., 205 N.J. 588 (2011): The New Jersey Supreme Court requires that all custodial interrogations be electronically recorded. Failure to record creates a presumption that the statement is inadmissible.
- Broader definition of custody: NJ courts apply a more expansive definition of "custody" than federal courts, meaning Miranda protections kick in earlier.
- State v. Presha, 163 N.J. 304 (2000): For juveniles, NJ courts closely scrutinize whether a Miranda waiver was truly knowing and voluntary when a parent or interested adult was absent. Statements made under these circumstances may be suppressed.
New Mexico
Primary statute: New Mexico Constitution, Art. II, § 14 — self-incrimination and right to counsel
New Mexico follows the federal Miranda standard with strong state constitutional protections:
- Miranda warnings are required before any custodial interrogation
- New Mexico Constitution, Art. II, § 14 provides robust protections against self-incrimination
- New Mexico courts require electronic recording of custodial interrogations
- Juveniles have enhanced protections under the New Mexico Children's Code
- Statements obtained without proper Miranda warnings are inadmissible
New York
Primary statute: NY Criminal Procedure Law § 60.45 — admissibility of statements and Miranda
New York follows federal Miranda rules with some important procedural differences:
- Right to counsel (indelible right): Once a New York attorney enters a case — by filing a notice of appearance or by being present — police cannot question the suspect outside the attorney's presence, even if the suspect wants to talk. This is broader than federal Miranda.
- CPL § 60.45: New York's statutory suppression rules independently require Miranda-like warnings. Statements obtained in violation can be suppressed under state law even if they'd survive federal Miranda analysis.
- Prompt arraignment: NY requires prompt arraignment after arrest. Unnecessarily delayed arraignment (used to continue interrogation) can result in suppression of statements.
North Carolina
Primary statute: N.C. Gen. Stat. § 15A-211 — Recording of custodial interrogations
North Carolina follows the federal Miranda v. Arizona standard with these state-specific considerations:
- Miranda warnings are required before custodial interrogation by NC law enforcement
- NC courts apply the federal "totality of the circumstances" test to determine if someone was in custody
- Under NC law, juveniles (under 18) have enhanced protections: a parent, guardian, or attorney should be present during interrogation
- NC General Statute § 15A-211 requires law enforcement to record custodial interrogations for certain felonies, which helps protect Miranda rights
- Statements obtained in violation of Miranda are generally inadmissible in NC courts
North Dakota
Primary statute: N.D. Cent. Code § 29-29-18 — Electronic Recording of Interrogations
North Dakota follows the federal Miranda standard:
- Miranda warnings are required before any custodial interrogation
- North Dakota courts use the totality-of-the-circumstances test
- Statements obtained without proper Miranda warnings are inadmissible
- North Dakota requires electronic recording of custodial interrogations (N.D. Cent. Code § 29-29-18)
- Juveniles have additional protections under North Dakota's Juvenile Court Act
Oklahoma
Primary statute: Oklahoma Juvenile Code — Interrogation Rights, 10A Okl. St. § 2-2-301
Oklahoma follows the federal Miranda standard:
- Miranda warnings required before custodial interrogation
- Oklahoma courts follow the federal standard
- Juveniles have protections under the Oklahoma Juvenile Code — a parent or guardian should be notified
- Oklahoma does not mandate statewide recording of interrogations
Oregon
Primary statute: Oregon recording of custodial interrogations — ORS § 133.400
Oregon follows the federal Miranda standard with enhanced state protections:
- Oregon Constitution, Art. I, § 12 provides a right against self-incrimination
- Oregon has enhanced juvenile protections — juveniles must be advised of rights and have access to a parent or attorney
- Oregon requires electronic recording of custodial interrogations for certain crimes (ORS § 133.400)
Pennsylvania
Primary statute: Pennsylvania Juvenile Act — rights during interrogation, 42 Pa.C.S. § 6338
Pennsylvania follows federal Miranda rules with notable state additions:
- PA Constitution Art. I, § 9: Independently protects against compelled self-incrimination. Pennsylvania courts can provide greater protection than the federal standard.
- Commonwealth v. DiStefano (2012): PA Supreme Court emphasized the importance of voluntariness in Miranda waivers, scrutinizing the totality of circumstances carefully.
- Juvenile protections: Under the Juvenile Act (42 Pa.C.S. § 6338), juvenile statements are inadmissible unless the minor was informed of rights in age-appropriate language and had a meaningful opportunity to consult with a parent or attorney.
- No statewide recording mandate: Unlike Illinois and NJ, Pennsylvania does not have a statewide requirement to record interrogations, though many departments do voluntarily.
Rhode Island
Primary statute: R.I. Gen. Laws § 12-7 — criminal procedure and arrest rights
Rhode Island follows the federal Miranda standard:
- Miranda warnings are required before any custodial interrogation
- Rhode Island courts use the totality-of-the-circumstances test
- Statements obtained without proper Miranda warnings are inadmissible
- Rhode Island has moved toward requiring recording of interrogations
- Juveniles have additional protections — Rhode Island law requires parental notification and courts closely scrutinize juvenile confessions
South Carolina
Primary statute: S.C. Code § 63-19-1010 et seq. — Juvenile Custodial Procedures
South Carolina follows the federal Miranda standard:
- Miranda warnings are required before custodial interrogation
- SC courts follow the federal totality-of-the-circumstances test
- Juveniles have protections under the SC Children's Code — a parent or guardian should be notified
- SC does not mandate recording of interrogations statewide, though some agencies do voluntarily
- Statements obtained without proper Miranda warnings are inadmissible
South Dakota
Primary statute: SDCL § 23A-4 — Criminal Procedure
South Dakota follows the federal Miranda standard:
- Miranda warnings are required before any custodial interrogation
- South Dakota courts use the totality-of-the-circumstances test
- Statements obtained without proper Miranda warnings are inadmissible
- South Dakota does not require electronic recording of interrogations by statute
- Juveniles have additional protections — courts scrutinize juvenile confessions closely
Tennessee
Primary statute: TCA § 40-14-207 — Electronic Recording of Custodial Interrogations
Tennessee follows the federal Miranda standard with state-specific considerations:
- Miranda warnings are required before custodial interrogation by Tennessee law enforcement
- TN courts apply the federal "totality of the circumstances" test for custody determinations
- Tennessee provides enhanced protections for juveniles under the Tennessee Juvenile Justice Reform Act — juveniles must be informed of their rights in age-appropriate language
- TN law requires electronic recording of custodial interrogations for certain offenses (TCA § 40-14-207)
- Statements obtained in violation of Miranda are generally inadmissible in Tennessee courts
- Tennessee courts have held that once a suspect invokes their right to counsel, all interrogation must cease
Texas
Primary statute: Texas Custodial Interrogation Recording Requirement, Tex. Code Crim. Proc. Art. 38.22
Texas follows standard federal Miranda rules with some notable specifics:
- Texas Code of Criminal Procedure Art. 38.22: Texas has its own statutory version of Miranda. Oral statements made during custodial interrogation are generally inadmissible unless they are electronically recorded.
- Recording requirement: Statements from custodial interrogation must be recorded to be admissible in many circumstances. This is stricter than federal law, which has no recording requirement.
- Juvenile protections: Minors in Texas must be warned by a magistrate (not just police) before making a statement, and the statement must be given before a magistrate to be admissible.
Utah
Primary statute: Utah Arrest Procedures — Utah Code § 77-7
Utah follows the federal Miranda standard:
- Miranda warnings are required before any custodial interrogation
- Utah courts use the totality-of-the-circumstances test to determine custody
- Statements obtained without proper Miranda warnings are inadmissible
- Utah does not require electronic recording of all interrogations by statute, though many departments do so voluntarily
- Juveniles have additional protections under the Utah Juvenile Court Act
Vermont
Primary statute: Vermont Constitution, Ch. I, Art. 10 — self-incrimination and due process protections
Vermont follows the federal Miranda standard with strong state constitutional protections:
- Miranda warnings are required before any custodial interrogation
- Vermont Constitution, Ch. I, Art. 10 provides broad protections against self-incrimination
- Vermont courts may provide broader protections under the state constitution
- Vermont requires electronic recording of custodial interrogations for serious felonies
- Juveniles have enhanced protections under Vermont's juvenile justice provisions
Virginia
Primary statute: Virginia Juvenile Miranda Procedures, Va. Code § 16.1-247
Virginia follows the federal Miranda standard with state-specific procedural considerations:
- Miranda warnings are required before custodial interrogation by Virginia law enforcement
- Virginia courts follow the federal totality-of-the-circumstances test for determining custody
- Virginia has enhanced protections for juveniles: under Va. Code § 16.1-247, a juvenile must be advised of rights and, when practicable, a parent or guardian should be notified before questioning
- Virginia courts carefully scrutinize the voluntariness of confessions
- Statements obtained in violation of Miranda are generally inadmissible in Virginia courts
- Virginia's recording of interrogations is not mandated statewide but is increasingly adopted by agencies
Washington
Primary statute: RCW 13.40.140 — Juvenile Rights During Questioning
Washington follows the federal Miranda standard with additional state protections:
- Miranda warnings are required before custodial interrogation
- Washington courts apply a more protective standard for voluntariness of confessions under the Washington Constitution, Art. I, § 9
- Washington has strong protections for juveniles: under RCW 13.40.140, juveniles must be advised of their rights and have access to a parent, guardian, or attorney before questioning
- The 2021 Washington law (HB 1140, codified as RCW 13.40.740) requires attorney consultation before interrogation for all juveniles under 18 — statements obtained without this are subject to suppression
- Washington courts suppress statements obtained through coercive techniques more readily than some other states
West Virginia
Primary statute: W. Va. Code § 49-4-701 — Juvenile rights during questioning
Full West Virginia guide →Wisconsin
Primary statute: Wis. Stat. § 972.115 — Electronic Recording of Custodial Interrogations
Wisconsin follows the federal Miranda standard with state constitutional protections:
- Miranda warnings are required before custodial interrogation by Wisconsin law enforcement
- The Wisconsin Constitution, Art. I, § 8 protects against compelled self-incrimination
- WI courts apply the federal standard for custody and waiver determinations
- Wisconsin has protections for juveniles: under Wis. Stat. § 938.243, officers must attempt to contact the juvenile's parent or guardian and inform the juvenile of their rights
- Wisconsin requires electronic recording of custodial interrogations for felonies (Wis. Stat. § 972.115)
- Statements obtained in violation of Miranda are generally inadmissible in Wisconsin courts
Wyoming
Primary statute: Wyo. Stat. § 7-1-101 et seq. — Wyoming criminal procedure
Wyoming follows the federal Miranda standard:
- Miranda warnings are required before any custodial interrogation
- Wyoming courts use the totality-of-the-circumstances test
- Statements obtained without proper Miranda warnings are inadmissible
- Wyoming does not require electronic recording of interrogations by statute
- Juveniles have protections under the Wyoming Juvenile Justice Act