When is a Miranda warning required?

The Fifth Amendment provides that no person shall be compelled to be a witness against themselves in a criminal case. In lay mans terms, the Fifth Amendment is the right against self-incrimination. Per a 1966 United States Supreme Court decision, a Miranda warning is required only for custodial interrogations. 

Prior to questioning a suspect, law enforcement must notify him or her of the following facts:

• You have the right to remain silent;
• If you do choose to speak, anything you say can and will be used against you in a court of law;
• You have the right to have an attorney present; and,
• If you cannot afford an attorney, you can have an attorney appointed to you free of charge.

A Miranda warning must occur prior to any form of interrogation, regardless of where the questioning occurs. This means that if a person is being held by police and the police want to question the suspect and use the responses as evidence, then they must read the individual the Miranda Rights.

However, if the individual is not in police custody (i.e., has not yet been arrested), then the police are not required to read the Miranda rights and anything the individual states can be used as evidence in court. It should be noted that in most situations, regardless of if you are in police custody or not, you do not have to respond to questions. In most instances, your attorney will advise you to remain silent in the face of any question regardless of how benign they may seem.

source : scheetzlaw

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