ACLU Statement On Reported FBI Memo Regarding Interrogations And Miranda Warnings
FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org
NEW YORK – According to a Wall Street Journal article today, the FBI issued a non-public memo in December revising FBI interrogation guidelines regarding issuing Miranda warnings to domestic terrorism suspects.
Miranda warnings are used to inform suspects of their rights both to remain silent and to legal counsel during interrogation. Under the U.S. Constitution, information gained through interrogation before or without Miranda warnings is not admissible against a defendant in a court of law. An exception exists in cases where the questioning by law enforcement is “reasonably prompted by a concern for public safety.” Only a defendant can waive Miranda rights.
Miranda is a constitutional rule, not an interrogation policy. It is important to remember that no change in FBI interrogation policy can alter the constitutional imperative that information gained without Miranda warnings is inadmissible against a defendant in a court of law where no public safety exception exists. This principle is fundamental to the American system of justice.
Stay Informed
Every month, you'll receive regular roundups of the most important civil rights and civil liberties developments. Remember: a well-informed citizenry is the best defense against tyranny.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy policy.
The Latest in National Security
-
ACLU Acknowledges Improvements to DOJ Racial Profiling Policy, But Says Far More is Needed
-
ACLU Applauds Court For Allowing Case Challenging FBI’s Wrongful Prosecution of Chinese American Physics Professor To Move Forward
-
Shen v. Simpson
-
Chinese Immigrants Sue Florida Over Unconstitutional and Discriminatory Law Banning Them From Buying Land
ACLU's Vision
The American Civil Liberties Union is a nonprofit organization whose mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States of America.
Learn More About National Security
The ACLU’s National Security Project is dedicated to ensuring that U.S. national security policies and practices are consistent with the Constitution, civil liberties, and human rights.