When must Miranda rights be read to a suspect?

Miranda rights must be read to a suspect when they are in police custody and subject to interrogation. This requirement stems from the U.S. Supreme Court's decision in Miranda v. Arizona, which established that suspects must be informed of their rights to remain silent and to have an attorney present during questioning. The core principle is to protect an individual's Fifth Amendment right against self-incrimination.

The focus is on the circumstances of police custody and the act of interrogation. If a suspect is not free to leave and is being questioned by law enforcement, that triggers the necessity for Miranda warnings. This ensures that the suspect is aware of their rights and can make an informed decision about whether or not to speak with law enforcement.

Other options do not accurately capture the requirement. For example, reading the rights only after an arrest or before questioning may not encompass the full situation of being in custody. Similarly, the presence of a lawyer is not a prerequisite for the reading of rights; they must be read regardless of legal representation unless a suspect has been informed of their rights prior to any questioning.