1) custody and;
2 ) under interrogation.
The purpose of Miranda warnings is to preserve a persons fifth Amendment right against compelled self-incrimination. So, if the police do not question you about the crime then they do not need to read you your rights, even if you are taken into custody.
Custody requires arrest or restraint comparable to formal arrest and is judged according to a reasonable person in the suspect’s shoes. Berkemer v. McCarty, 468 U.S. 420, 104 S. Ct. 3138 (1984). This is important because you do not necessarily have to be placed under arrest to be entitled to Miranda warnings.
Interrogation may be direct questioning or its functional equivalent and includes the police’s words or actions, other than those normally attendant to arrest and custody, that they should know are reasonably likely to elicit an incriminating response. When a suspect invokes his right to remain silent, law enforcement officers must scrupulously honor it. Michigan v. Mosley, 423 U.S. 96, 96 S. Ct. 321(1975). However, before police are required to discontinue questioning, a suspect must clearly articulate his desire to end the interrogation. Davis v. United States, 512 U.S. 452, 114 S. Ct. 2350 (1994); State v. Reed, supra. Likewise, a request for counsel must be clear and unequivocal. Id.
Call Charleston Criminal defense lawyer Dale Savage to make sure your Miranda rights are protected. (843) 530-7813