Under what circumstances will a defendant be required to have a Miranda warning?

MultiRegion, United States of America

The following excerpt is from Stanley v. Schriro, 598 F.3d 612 (9th Cir. 2010):

Under clearly established federal law, Miranda warnings are required "only where there has been such a restriction on a person's freedom as to render him 'in custody.'" Stansbury v. California, 511 U.S. 318, 322, 114 S.Ct. 1526, 128 L.Ed.2d 293 (1994) (citations omitted).2 The "ultimate inquiry" underlying the question of custody "is simply whether there was a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest." Id. (citation and alteration omitted). To answer this question, the reviewing court looks to the totality of the circumstances, id. at 322, 114 S.Ct. 1526, that might "affect[ ] how a reasonable person in that position would perceive his or her freedom to leave." Id. at 325, 114 S.Ct. 1526.

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