California, United States of America
The following excerpt is from People v. Thomas, B217439, No. BA330242 (Cal. App. 2010):
Before interrogating a person who is in "custody or otherwise deprived of his freedom of action in any significant way," the police must first warn the person "that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed." (Miranda v. Arizona, supra, 384 U.S. at p. 444.) Statements obtained in violation of this rule may not be used to establish guilt. (Ibid.)
Miranda warnings are required only when a person is subjected to "custodial interrogation." (Miranda, supra, 384 U.S. at p. 444.) "Custody" in this context includes both actual custody and any situation in which a person has been deprived of his freedom of action in any significant way. (People v. Mickey (1991) 54 Cal.3d 612, 648.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.