Grand Juries

Question 1

No Right to Counsel or to Miranda Warnings

Answer 1

A witness subpoenaed to testify before the grand jury does not have the right to receive Miranda warnings, nor is a witness entitled to a warning that they are a “potential defendant”

Question 2

No Right to Have Evidence Excluded

Answer 2

A grand jury may base its indictment on evidence that would be inadmissible at trial, and an indicted defendant may not have the indictment quashed

Question 3

No Right to Challenge Subpoena

Answer 3

There is no right to challenge a subpoena on the Fourth Amendment grounds that the grand jury lacked “probable cause”—or any reason at all—to call a witness for questioning.