united-states search-and-seizure
Does the 4th Amendment have a Miranda-like precedent?
<p>The Supreme Court decided in <em>Miranda v. Arizona</em> that people had to be told their rights under the 5th and 6th Amendments, since if people don't know that they have those rights, they don't really protect them. Those rights, of course, can be waived, as can the right not to be searched without a warrant.</p>

<p>If a police officer comes to your house without a warrant, says that they think you have illegal drugs, and asks if they can enter to search the property, do they have to disclose that it isn't legally required since there isn't a warrant? A reasonable person may feel as though they don't have a choice.</p>

<p>There is no search analog to the Miranda requirement. The Supreme Court in Miranda didn't just decide that people had to be told their rights, for all rights in all contexts. Miranda applies just to 5th and 6th Amendment rights, in case a person is being held coercively. If you are free to go, you need not be apprised of your rights: so, if the police are just asking questions when you are not being held, they are not required to give a rights warning. Likewise, they are allowed to request permission to conduct a search. It is true than many people do not understand that a request is distinct from an order. A useful phrase to remember is "Am I free to go?". If the answer is no, you are busted and they can search you. If the answer is yes, you don't have to let them search you (to avoid the ambiguity of silence, refusing permission to search is not a bad strategy, unless you want then to search you – e.g. if you want to get on the plane).</p>

<p>No, if the police come to your house and ask your consent for a search, they will not tell you your Fourth Amendment right. Don't let them deceive you into giving your consent for a search (unless they have a warrant of course). </p>

<p>The Miranda Rights generally applied to the defendant's and only their Fifth Amendment right.</p>

<p>And if you're anybody but the defendant in a criminal case, (say, a witness forced to testify), nobody's going to tell you your Fifth Amendment right, even if your testimony is incriminating.</p>
