When must Miranda rights be given?

Miranda rights must be given when a person is in custody and under interrogation. This is a result of the landmark Supreme Court case Miranda v. Arizona, which established that individuals who are taken into police custody and subjected to interrogation must be informed of their rights to remain silent and to have an attorney present. The purpose of this requirement is to protect the Fifth Amendment right against self-incrimination.

In situations where a person is simply pulled over during a traffic stop, they are not necessarily in custody in the same sense, and thus Miranda rights do not have to be provided at that moment unless the interrogation escalates to a custodial situation. Similarly, an arrest without a warrant does not automatically trigger the need for Miranda warnings unless the person is subjected to questioning while in custody. Taking a statement from a witness does not involve interrogation of a suspect and therefore does not necessitate Miranda rights either. Thus, the requirement is specifically tied to being both in custody and under interrogation.