Does the Miranda warning need to be triggered after a person has been taken into custody or otherwise deprived of his freedom?

MultiRegion, United States of America

The following excerpt is from U.S. v. McCrea, 583 F.2d 1083 (9th Cir. 1978):

It is undisputed that the requirements of Miranda are only triggered "after a person has been taken into custody or otherwise deprived of his freedom." 384 U.S. at 444, 86 S.Ct. at 1612. See Oregon v. Mathiason, 429 U.S. 492, 495, 97 S.Ct. 711, 50 L.Ed.2d 714 (1977). The record shows that appellant was not placed in such a custodial situation. He was free to leave the premises at any time. In fact, the reasonable inference we obtain from reading the trial transcript is that the agents would have preferred that he leave so that they could continue their search without interference from him. Therefore, Miranda warnings were not required and appellant's inculpatory statements were properly admitted.

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