When are Miranda warnings required during police questioning?

• A. Miranda warnings are required during any police questioning, regardless of custody.
• B. Miranda warnings are required only when the suspect is in custody and subject to interrogation.
• C. Miranda warnings are not required if the suspect is mirandized but not yet charged.
• D. Miranda warnings are required only after the suspect confesses.

Answer: (B)

Miranda warnings protect the Fifth Amendment right against self-incrimination and are triggered when a person is both in custody and being interrogated by police. Custody means a reasonable person would not feel free to leave, such as after an arrest or in a setting where the officer’s authority is clearly coercive. Interrogation includes direct questions or any police actions that are designed to elicit an incriminating response. If the person isn’t in custody, or if the police aren’t asking questions meant to elicit information, warnings aren’t required. The fact that someone has been mirandized or hasn’t yet been charged doesn’t remove the need for warnings when custody and interrogation both occur, and warnings must come before questioning that is intended to provoke a response. That’s why the correct understanding is that Miranda warnings are required only when the suspect is in custody and subject to interrogation.