When Are Miranda Warnings Required?
Many people who have grown up watching TV mistakenly believe that the police must always give a person Miranda warnings as soon as they begin speaking with him.
From watching television, many people know that Miranda rights include the following:
1. You have the right to remain silent—you do not have to talk.
2. What you say can be used and shall be used against you in a court of law.
3. You have the right to talk with an attorney before you talk with us, and you have the right to have the attorney present during the time we are talking to you.
4. If you do not have the funds to employ an attorney, one shall be appointed to represent you free of charge.
5. Do you understand these rights as I have explained them to you, yes or no?
6. Do you want to talk to us about your case now, yes or no?
7. Do you want an attorney present during the time we are talking to you, yes or no?
However, the police are required to give a person Miranda warnings only:
a. When a person is in custody; AND
b. When the police are questioning that person.
Therefore, if the police arrest someone but decide not to question him, they do not have to give him Miranda warnings.
