5th amendment: right to remain silent and right to counsel: Miranda warnings required prior to interrogation of custodial suspect (probation interviews and routine traffic stops not custodial); suspect may waive miranda rights if waiver is knowing, voluntary, and intelligent (shrugging shoulders or silence is not waiver); questioning or any conduct police know or should know might produce a damaging statement is interrogation; spontaneous statements by accused admissible without miranda warnings; accused may terminate