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Describe Instances When the Miranda Warnings Are Not Required.

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Submitted By coldchills
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The Miranda warning is part of a criminal procedure rule that law enforcement is required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.

Generally, no Miranda warning is required if the suspect is not held in custody for criminal-investigative purposes. A citizen not in custody who is asked potentially incriminating questions by a police officer must claim the benefit of the Fifth Amendment instead of answering if he wishes to retain his privilege.

For example, at a traffic stop, Miranda warning is not required unless the suspect is taken into custody. When arrested and you invoke your right to counsel before making several statements, the statements then are considered volunteered because they were spontaneous and not made during an interrogation. Also, a prison inmate is not in custody for Miranda purposes because his freedom of movement is not restricted more than it would normally be in the prison environment.

In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth and the Sixth Amendment right to counsel. If placed “in custody” for purposes of receiving Miranda protection, there must be either a “formal arrest, or restraint on freedom of movement with a formal arrest. But, invasive detention may, at least when conducted for criminal-investigative purposes which would receive protection under Miranda.


The Miranda doctrine spells out the constitutional rights and procedural safeguards, including the waiver of those rights that must be conveyed to a person before any…...

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