Miranda Warning/Rights and Custodial Interrogation?

Question

I just read this...

"Police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station or when detained. Arrests can occur without questioning and without the Miranda warning — although if the police do change their mind and decide to interrogate the suspect, the warning must be given then."

I'm confused... What exactly is "custodial interrogation"?

I mean, lets say your getting arrested for a suspected DUI or DWI because you refused to take the breathalyzer. Does that mean the police officer has to tell you your Miranda Rights before asking you questions like how much you've had to drink, where you've been, etc...?

Or is the "Miranda Rights" only read when you are being arrested as a suspect for murder, robbery, etc and will be questioned about it.

Thanks...
T.

Answer 1

Custodial interrogation -- interrogation while in custody.

Interrogation is defined as asking questions, or making statements that are intended or likely to prompt a response.

Custodial means any situation where the person is actually not free to leave (arrest, detention), or where a reasonable person would believe that they are not free to leave.

For some bizarre reason, being pulled over at a traffic stop by police is not considered to be "in custody", so the police can ask you any questions that they want.

Answer 2

They can ask you if you've been drinking, or if you know how fast you were driving, or what happened at the scene of an accident without reading the miranda rights. They normally read the miranda when arresting you.

I believe the specific thing about interrogation, may refer to matters that they would need to interrogate someone for, ie murder, kidnapping, theft, etc. They can bring you in as a suspect, but they would need to read the miranda in order to ask you questions like..."Where were you on the night of X and Y time?" "You were seen with this girl, where did you go when you left Z's party?"

The miranda must be read so the suspect knows they have the right to remain silent, and not incriminate themselves without an attorney. If this is not read, the information obtained in the above questions cannot be used in a court of law. Hope this helps.

Answer 3

A custodial interrogation is one in which the person being interrogated is in custody, which has been defined by some courts as meaning when that person believes he or she is not free to simply walk away rather than answer the police officer's questions.

Miranda rights ("you have the right to remain silent," etc.) must be read to an individual prior to that person undergoing interrogation, or the product of the interrogation, including any statement and any evidence that is discovered as the result of the statement, will be ruled inadmissible at any subsequent trial of the individual being interrogated.

Answer 4

Anytime they arrest you they have to read you your miranda rights as they are arresting you no matter what the charge is.
DUI , shoplifting , assult, murder or an other crime no matter how petty it is. And if they ever do read them to you tell them you want a lawyer and keep your mouth shut till you have one present.

Answer 5

When they focus upon you as being a suspect in the commission of a crime and they intend to interrogate you about it, they must Mirandize you over it.

-Bart

Answer 6

The police desires to examine him his rrights in basic terms while being arrested, if he's merely being extra in for thinking they dont might desire to yet he can merely walk away if he's not being arrested