Do you need Miranda warnings for a cell phone interview conducted by investigators?

• A. Yes
• B. No
• C. Only if suspect is in custody
• D. Only for in-person interviews

Answer: (B)

Miranda warnings come into play when someone is in custody and being interrogated. The fact that an interview is conducted over a cell phone doesn’t by itself create custody or change the interrogation analysis. If the person is free to leave, and the investigators aren’t asking questions designed to elicit incriminating responses while the person is in custody, warnings aren’t required simply because the interview happens on the phone.

The key point is whether the scenario involves custody and interrogation. If the person is in custody or the interview becomes custodial interrogation, warnings must be given before continuing. Otherwise, for a non-custodial, voluntary cell phone interview, Miranda warnings are not required.