Miranda warnings must be given when?

• A. When someone is in custody and is being asked incriminating questions
• B. Only after a formal arrest
• C. During any police interview regardless of custody
• D. Only if the suspect requests an attorney

Answer: (A)

Miranda warnings protect the Fifth Amendment right against self-incrimination and are triggered when a person is in custody and subjected to interrogation. Custody means a situation in which a reasonable person would not feel free to leave, such as being detained by police or brought to a station. Interrogation covers direct questions or actions by police that are reasonably likely to elicit an incriminating response. In that custodial interrogation setting, warnings must be given before questioning. If the person isn’t in custody or the police aren’t asking incriminating questions, warnings aren’t required. The need to warn isn’t limited to formal arrests or to situations where the suspect requests an attorney; requesting counsel affects how interrogation proceeds after warnings, not whether warnings must be given in the first place.