In 1963, Ernesto Miranda was arrested for rape, kidnapping, and robbery. During the arrest and the following interrogation, Miranda was not informed of his right to an attorney or his right to silence. During the interrogation, Miranda confessed to the crimes. After his trial, in which he was sentenced to prison, Miranda stated that the case was unconstitutional as it had violated his rights in obtaining the confession. After moving through the appeal courts, the case arrived at the Warren Supreme Court. Miranda v. Arizona (1966) stated that people being arrested had to be told their rights, which includes their right to silence, their right to an attorney, and that anything that they say could be used against them in court.

A similar case is Escobedo v. Illinois (1964). Danny Escobedo was arrested for murder. He was taken in by the police for interrogation, and, despite his repeated requests and the lawyer's attempts to see him, was denied the ability to see his lawyer. Escobedo later confessed under the interrogation. In another case by the Warren Court, the justices decided that Escobedo had been unfairly prosecuted and had his right to silence and consul violated.

Both cases set a precedence for protecting criminals' rights and curtailing excessive police force. Both decisions are still referenced today and are still in use.