Are Miranda warnings required for non-custodial interviews?

• A. Yes, in all interviews.
• B. Yes, if the officer suspects criminal activity.
• C. No, Miranda warnings are not required for non-custodial interviews.
• D. Only if the suspect requests an attorney.

Answer: (C)

Miranda warnings are triggered by custody and interrogation. In a non-custodial interview, the person is not in police custody and is free to leave, so the warnings aren’t required. The questioning can proceed without warnings as long as the person isn’t subject to formal restraint and isn’t being interrogated in a custodial setting. If the situation later becomes custodial—say the person is arrested or otherwise not free to leave—and the police question them about the crime, then warnings must be given before that interrogation begins. The right to an attorney is invoked during custodial interrogation, not the trigger for warnings in a non-custodial setting. So, non-custodial interviews do not require Miranda warnings.