When the Miranda Warning Is Required

It doesn't matter whether an interrogation occurs in a jail, at the scene of a crime, on a busy downtown street, or the middle of an open field: If a person is in custody (deprived of his or her freedom of action in any significant way), the police must read the Miranda rights if they want to ask questions and use the answers as evidence at trial.

If someone is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial. Police officers often avoid arresting people and make it clear to them that they're free to go precisely so they don't have to give the Miranda warning. Then they can arrest the suspect after getting the incriminating statement they wanted all along

What Are Your Miranda Rights?

• You have the right to remain silent.
• If you do say anything, it can be used against you in a court of law.
• You have the right to have a lawyer present during any questioning.
• If you cannot afford a lawyer, one will be appointed for you if you so desire.

Source: Nolo

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