Home LawSmart Library Discussion Boards F.A.Q.'s Law Books The Document Center
Legal Document Center

Let us help you find what you are looking for today. Fast, reliable and convenient.


Enter one or more keywords to search; e.g. drunk driving

Find the right attorney - over 600,000 listings
1)   2) Area Code   Or, City and  
Rate this information

Must A Police Officer Always Advise A Person Of Their Miranda Rights Before Asking A Question?

No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.

For example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a patron named Mary Smith may have seen the robber. When Officer Jones interviews Mary, Mary makes statements implicating herself in the robbery as a lookout. Can Mary`s statements be used against her later, even though she was not read her Miranda Warning? The answer is yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to.

Other Miranda warnings FAQs

LawSmart Home  |   About LawSmart  |   LawSmart Library  |   Legal Document Center  |   Contact LawSmart
Privacy Policy  |   Terms and Conditions  |   Sitemap

  |  Legal Forms   |  FAQ