When must Miranda warnings be given?

• A. When a person is in custody and subjected to interrogation.
• B. When the officer suspects the person might have committed a crime.
• C. Only during traffic stops.
• D. Immediately after any contact with law enforcement.

Answer: (A)

Miranda warnings are triggered by custodial interrogation. They must be given before any questioning that is likely to elicit an incriminating response when the person is in custody—meaning they are not free to leave—and the police are actively asking questions or engaging in a situation that would extract information about a crime.

This means you’re protected whenever someone is effectively under arrest or its functional equivalent and the officer asks questions to obtain evidence. If the person isn’t in custody, or if there’s no interrogation (for example, casual conversation or routine questions not aimed at incriminating statements), warnings aren’t required. Statements obtained under those non-custodial, non-interrogative circumstances can still be admissible if voluntary.