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  1. The suspect is in custody, or is not free to leave.
  2. The suspect is being asked incriminating questions.

The Miranda Rights only need to be read prior to a custodial interrogation.

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6y ago
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6mo ago

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.

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Q: What are the 2 components needed to have the Miranda warning take effect?
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