Page 168 - Original 2020 Legal Guide By Jack Ryan

Task: Questioning In-Custody Suspects

Miranda v. Arizona, 384 U.S. 436 (1966).

A police officer who questions a suspect, who is in custody, must

first advise the suspect of his or her right to remain silent, right to

counsel before and during interrogation and the right to the

appointment of counsel if the suspect cannot afford counsel.

• The warnings are only necessary when custody and questioning

occur at the same time. The lack of one or the other dispenses with

the need for any warnings.

©2020 Jack Ryan Legal & Liability Risk Management Institute 167