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The term "custodial interrogation" implies that the police are conducting an investigatory interview and that the subject who they are interviewing, is probably their suspect, and is not free to leave.
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Can you be photographed by the police if you were not read your rights?
Yes. A Miranda warning is only necessary before a custodial interrogation. A photograph is not an interrogation.
What are the 2 components needed to have the Miranda warning take effect?
The two components needed for the Miranda warning to take effect are custodial interrogation and the individual being in police custody. Custodial interrogation refers to questioning that occurs when a person is in police custody and the freedom of movement is restricted. The Miranda warning must be given to the individual before any interrogation takes place while they are in police custody.
What is Custodial Interrogation?
Custodial interrogation implies that an authority (police, corrections) conducts an interview with an subject which is of interest to their investigation with the condition that the subject is not free to go on his or her own volition. The subject may be an inmate in a correctional institution or may be held as a material witness.
What is the criteria for Custodial Interrogation?
In California is questioning by a police officer in your home and the restriction of movement by statements of "you may not smoke", "do not get up", "do not go outside", "you can not speak to them", custodial questioning or arrest?
The Miranda v Arizona decision is an attempt to establish a bright line rule to prevent police coercion in custodial interrogation?
As a general statement the above question is a true answer.
Do police officers have to give Miranda to juveniles to obtain a statement if the juvenile isn't in custody?
Unless your state has some special regulation, no. Miranda warnings are specific to custodial interrogation.
Can the police search you without reading you your rights first?
The Miranda Rights have nothing to do with a search or seizure. The Miranda Rights are only read prior to a custodial interrogation, which a search and/or seizure is not.
Does a police officer have to mirandize someone when they are in possession of a federal drug?
No. A Miranda rights warning is only necessary prior to a custodial interrogation. If the officer is not questioning the suspect then no warning is necessary.
What US amendment places limitations on police interrogation procedure?
the amendment to the U.S. Constitution places limitations on police interrogation procedures
Officers only need to provide Miranda warnings in those situations involving custodial interrogation?
True
Can police question a minor about their possible involvement in a crime without a parent being present in Ohio?
Define "questioning." Are they being casually 'conversed with,' or undergoing interrogation in a "full custodial" arrest situation? Juveniles are protected by the same Constitutional rights as adults.
Is it illegal to interrogate a minor in Kentucky without a legal gardian?
A juvenile can be questioned by the police without his or her parents present as long as it is not considered to be a "custodial interrogation".Once the minor is taken into custody by police, a parent or guardian will be notified in order for them to come to the station. The police can question the minor without their parents present, howeever the minor is within their rights to remain silent and request a solicitor.
