[Codhisattva]

There are two opposing views of the Declaration and the Constitution.

One view considers these documents to be the expression of the inclusive rights granted to the citizenship.

The other view considers these documents to be the definition of the extents and limits of federal and state powers.

The first view currently prevails but that was not always the case. Under the second view you can not waive your right to remain silent, or waive your right to unreasonable searches. In other words, being Mirandized doesn't grant the right. It's simply informing you of what you always have.