Does a police officer have to give a Miranda warning before questioning a suspect?

An officer must give Miranda warnings before interrogating someone who has been "taken into custody or otherwise deprived of his freedom of action in any significant way." Miranda, 384 U.S. at 444. To determine whether a defendant was "in custody" for Miranda purposes, "a court must, after examining all of the circumstances surrounding the interrogation, decide whether there was a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest." United States v. Kim, 292 F.3d 969, 973 (9th Cir. 2002). The

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