Does a police officer have to provide a Miranda warning before questioning a suspect who has not been formally arrested?
The following excerpt is from United States v. Herran, 20-10157 (9th Cir. 2021):
Law enforcement officers must provide Miranda warnings before questioning a suspect who is "in custody at the station or otherwise deprived of his freedom of action in any significant way." Miranda, 384 U.S. at 477. A suspect who has not been formally arrested is nevertheless in custody if, given the circumstances surrounding the interrogation, "a reasonable person [would] have felt he or she was not at liberty to terminate the interrogation and leave." Thompson v. Keohane, 516 U.S. 99, 112 (1995).
When an interrogation takes place in the home, we consider:
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