If a suspect makes a statement that is not in answer to a direct question by police, is that suspect entitled to Miranda warnings?
According to the U.S. Supreme Court, “custodial interrogation” is “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” In another case, the U.S. Supreme Court said that deciding whether a suspect has been “interrogated” depends upon whether the police have coerced or forced the suspect to speak. However, police are not held accountable for “offhand remarks” that produce unexpected results. As long as the suspect isn’t interrogated or coerced into speaking by some other method, any statement the suspect makes will be considered voluntary, even if it’s an admission of guilt. Such a freely given statement can be used in court against the suspect.
