When Must Police Admonish a Suspect of Their Miranda Rights?

March 17, 2023

Miranda v. Arizona established the principle that individuals in police custody must be informed of their rights against self-incrimination before they can be questioned by the police. These rights, commonly referred to as “Miranda rights,” include the right to remain silent, the right to have an attorney present during questioning, and the right to have an attorney appointed if the individual cannot afford one.

The Supreme Court has established that police officers must give these warnings in order for a suspect’s subsequent statements to be admissible in court. However, it is important to note that not all interactions between police and suspects trigger the requirement for Miranda warnings. In order for the warnings to be required, the suspect must be in custody and subject to interrogation.

Custody means that the suspect’s freedom of movement is significantly restricted by the police. This can happen in a variety of ways, including being physically restrained, being placed in a patrol car, or being questioned in a police station. It is also important to note that a suspect does not have to be formally arrested in order to be considered in custody, but the restriction on the suspect’s freedom of movement must be significant.

Interrogation refers to any questioning that is likely to elicit an incriminating response. This can include express questioning, as well as any actions or statements made by the police that the suspect would reasonably understand to be an inquiry. For example, if a police officer shows a suspect a photo lineup, that would be considered interrogation.

It’s also important to note that the requirement for Miranda warnings only applies to statements made by the suspect in response to police questioning. If a suspect makes a voluntary statement without being questioned, Miranda warnings are not required, and the statement can be used as evidence in court.

In practice, the determination of when the police must give Miranda warnings can be a complex and fact-specific inquiry. The courts will consider the totality of the circumstances to determine whether a suspect was in custody and subject to interrogation at the time of the statement. Factors that may be considered include the location of the questioning, the length of the questioning, the nature of the questioning, and the suspect’s freedom of movement.

Leave a Reply

Your email address will not be published.

four + 3 =

In the Media
abc 7 kcal 2 kcal 9 LA Weekly Los Angeles Times NBC

Contact Us For A Free Case Evaluation

(949) 625-4487
4000 MacArthur Blvd. East Tower Suite 615 Newport Beach, CA 92660

Contact Us

24 Hour Response Time