07-27-2024, 10:54 AM
Law enforcement officers must give Miranda warnings PRIOR to "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom in any significant way. [Miranda v. Arizona, 384 U.S. 436, 444 (1966)]" Such warnings are thus required when a person is (1) taken into custody, AND (2) subject to interrogation. The Supreme Court has explained that whether a person is "in custody" depends on the results of a two-part test that considers whether a reasonable person in the suspect's shoes would feel that he could freely exercise his right against self-incrimination and the degree to which the suspect's freedom of action is restricted.