Is a police officer required to give a Miranda warning to a suspect during questioning?

MultiRegion, United States of America

The following excerpt is from United States v. Durand, No. 16-4206-cr (2nd Cir. 2019):

This suite of protections, known as Miranda warnings, is "an absolute prerequisite to" custodial interrogation.3 Id. at 471. In this context, interrogation refers both to "questioning initiated by law enforcement officers after a person has been taken into custody," id. at 444, and to "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect," Rhode Island v. Innis, 446 U.S. 291, 301 (1980).

Not all questions require Miranda warnings, however. Under Pennsylvania v. Muniz, 496 U.S. 582 (1990), officers are not required to give Miranda warnings for "routine booking question[s] . . . reasonably related to the police's administrative concerns" and used "to secure the biographical data necessary to complete booking or pretrial services," so long as the questions are not "designed to elicit incriminating admissions." 496 U.S. at 601-02 & n.14 (internal quotation marks omitted).

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