NCJ Number
128348
Journal
Law Enforcement Quarterly Dated: (Winter 1991) Pages: 5-6,18-19
Date Published
1991
Length
4 pages
Annotation
This article discusses legal requirements for a Miranda admonishment. It cites interrogation, law enforcement, and suspect in custody as legal prerequisites for giving a Miranda admonishment.
Abstract
However, not all questioning of a criminal suspect involves an interrogation. Only when the interrogation elicits incriminatory statements to support a person's arrest or establish his guilt is it necessary to give a Miranda warning. Secondly, the questioning needs to be performed by a law enforcement officer or someone acting at the instigation of the law enforcement or government official in order for the Miranda rule to apply. Thirdly, the questioned suspect must be taken into custody or otherwise be deprived of his freedom of movement. However, custody as a rule does not include temporary detention. Other exclusions to the rule relate to telephone interviews stationhouse interrogation, stopping for traffic offenses, misdemeanor citations, questioning a suspect in jail for another offense, driving under the influence, public safety exception, and the rescue doctrine. Knowing the rules for giving a Miranda admonishment and using common sense will provide a police officer with successful results in decisionmaking. 38 references