Is a police officer required to give a Miranda warning to a person who is in "custody or otherwise deprived of his freedom of action"?

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.)

Other Questions


Is a police officer required to warn a suspect in police custody of their Miranda rights? (California, United States of America)
What is the Miranda warning to a person questioned by a police officer after being "taken into custody"? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a police officer required to obtain an express waiver of the Miranda rights prior to a custodial interview? (California, United States of America)
Is a statement made during a police interrogation of a person in custody in an assault case in which the police have advised the person of their right to remain silent? (California, United States of America)
Does a defendant who is in custody have to be given a Miranda warning before police officers can interrogate him? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
Can a police officer sue an officer from another police force for personal injury? (California, United States of America)
In what circumstances will a defendant be detained by a police officer if the officer's actions are very intimidating to a reasonable person? (California, United States of America)
Is a police officer required to administer a Miranda warning to every suspect? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.