Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave. Also, the questions being asked, even if in custody, must be the type of questions that could elicit an incriminating response. In other words, even a person arrested does not have to read their Miranda warnings prior to the officer asking them their name, address and other biographical information.
