“Miranda rights” refer to the information you’re legally entitled to while in police custody. Before being questioned, the officer must recite the following four rights to you:

These rights are connected to the Fifth Amendment’s protection against self-incrimination. During a 1966 court case, Ernesto Miranda confessed to a violent crime and signed a statement of guilt. However, because he had not been informed of his rights prior to his confession, the conviction was overturned.

When a person is taken into custody, — whether at a police station, at the person’s home, or anywhere else — Miranda rights must be read prior to any questioning. What counts as custody is a complex question. Courts typically weigh several situational factors to determine whether a person was subject to a custodial interrogation, such as the use of bodily restraints or physical force, the location of the questioning, and whether the officer used an accusatory or threatening tone. Even the time of day can be a consideration.

The Miranda waiver is a document a person can sign that states they're waiving their right to an attorney or to remain silent. You don't necessarily need to sign a form to waive your rights, however. Your actions after Miranda warnings are given can also constitute an implied waiver. If you acknowledge understanding your rights, don't ask for an attorney, and make incriminating statements, those statements will generally be admissible in court.