Does a suspect have to be at the police station before being warned about Miranda rights?
Police officers are required to give suspects Miranda warnings only when the suspects are being formally arrested and questioned at the same time. At a “formal” arrest and questioning, a suspect is not free to leave, but is held in police custody, and questioning is done in such a way that a reasonable person would have no choice but to submit to the officer’s will. Police do not have to give Miranda warnings to a suspect who is being questioned informally and is in police custody. For example, Miranda warnings are not triggered in the following situations: roadside questioning of a motorist following a routine traffic stop; a probationer’s responses to questions from his or her probation officer; information requested on tax or other government forms not obtained in the custodial setting.
Related Questions
- If a police officer arrests a suspect and does not read him or her the Miranda rights, is it true that the person must be released?
- Why is it important for the police to read miranda rights to an individual being arrested?
- Does a suspect have to be at the police station before being warned about Miranda rights?
