When are Miranda warnings required?

• A. Prior to custodial interrogation
• B. Only during traffic stops
• C. Only during noncustodial interviews
• D. After a confession

Answer: (A)

Miranda warnings are tied to custody and interrogation. They must be given before questioning starts if a person is in custody (not free to leave) and the police are asking questions intended to elicit information. In that custodial interrogation, the warnings protect the right against self-incrimination. If someone is not in custody or is not being interrogated, the warnings aren’t required. For example, during a routine traffic stop where the person is free to go, questioning may not trigger Miranda. A confession obtained after custodial interrogation without warnings can be excluded in court, and warnings are not something that come after a confession.