When are Miranda warnings required?

• A. They must be given only when the suspect is in custody and being interrogated.
• B. They must be given for any police questioning, regardless of custody.
• C. They are not required unless the suspect asks for an attorney.
• D. They must be given only after formal charges are filed.

Answer: (A)

Miranda warnings come into play to protect a suspect’s right against self-incrimination, but only when two conditions are met: the person is in custody and the police are engaging in interrogation. Custody means a reasonable person would not feel free to leave, such as being arrested or detained. Interrogation covers questions or conduct likely to elicit an incriminating response. If both are present, the warnings must be given before any questioning, or the resulting statements may be excluded in court. If the person isn’t in custody, or if the police aren’t questioning about the crime, warnings aren’t required. The other options misstate the timing or scope—warnings aren’t needed solely because of police questioning, they aren’t tied to asking for an attorney, and they aren’t contingent on charges having been filed.