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.
Yes. A Miranda warning is only necessary before a custodial interrogation. A photograph is not an interrogation.
The suspect is in custody, or is not free to leave.The suspect is being asked incriminating questions.The Miranda Rights only need to be read prior to a 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.
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?
As a general statement the above question is a true answer.
Unless your state has some special regulation, no. Miranda warnings are specific to custodial interrogation.
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.
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.
the amendment to the U.S. Constitution places limitations on police interrogation procedures
As head of the CIA, he was in charge of overseeing the interrogation of many high-risk informants. This sentence is entirely made up, but the usage is correct.
True
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.