Three important variables control whether or not Miranda Rights must be given
The Miranda Warning is an advisory designed to inform suspects of their rights when being questioned by law enforcement officers. It contains two key “Miranda Rights,” namely the right to remain silent and the right to an attorney. If you’re being questioned by the police in connection with a crime, you don’t need to wait for the Miranda Warning to be read in order to exercise your Miranda Rights. You may immediately invoke your right to avoid self-incrimination as stated by the Fifth Amendment and your right to legal counsel as guaranteed by the Sixth Amendment. This will help ensure that you get the protections you deserve even if the three main variables governing when Miranda Rights must be given are not clearly defined in your situation.
Custody
The first variable to be considered when determining if a Miranda Warning is necessary is custody. There has been much debate about this element in the courts, but the general consensus is that a person is considered in custody if they believe they are not free to leave. Therefore you may be considered in custody at the scene of a crime, in a police vehicle, or at the police station if the police give you the impression that you are not free to go when you want to leave. Of course, the facts are different in each case and often hinge on defining what a “reasonable” person would believe about their freedom.
Interrogation
The next variable to be considered is interrogation. Interrogation typically means questioning, but it can also include statements or actions that are made with the intent of eliciting an incriminating response. Therefore it is possible to be “interrogated” even if you have not been arrested, though generally any admissions made before arrest and Mirandizing will not be permitted as evidence in court.
Agency
Finally, the identity and affiliation of the party doing the detaining or interrogating must be considered. Only government employees such as police officers, FBI agents, DEA agents, etc. are obligated to deliver the Miranda Warning. Private employees such as security guards or loss-prevention associates are not required to Mirandize suspects before questioning. Of course, you are not obligated to answer private employees. Instead, you should wait for the real authorities to be called and then exercise your right to call your attorney.
