When must the Miranda warning be given?

• A. Only after formal charges are filed.
• B. Only during court proceedings.
• C. Only when the suspect asks for an attorney.
• D. When in custody and subject to interrogation.

Answer: (D)

Miranda warnings are about protecting a person’s Fifth Amendment rights during police questioning. They must be given at the moment a person is in custody and being interrogated. Custody means a reasonable person would not feel free to leave, and interrogation means the police are asking questions or engaging in conduct likely to elicit an incriminating response. If either condition isn’t met—if the person isn’t in custody or isn’t being questioned—the warnings aren’t required. The fact that formal charges have been filed, or that court proceedings are underway, doesn’t by itself trigger new warnings. Likewise, simply asking for an attorney stops questioning rather than creating a duty to issue warnings at that moment.