Legal Question in Constitutional Law in Arkansas

Re: Arrest

The advice of legal rights which law enforcement is required to provide is widely misunderstood.

The rights enumerated under Miranda vs. Arizona [right to silence, a lawyer, etc.], are required by law to be given only to suspects who are in custody and who are being questioned concerning a specific crime or crimes. Such is called 'custodial interrogation.' Statements which are volunteered by a suspect not yet in custody, or preliminary questioning by law enforcement of a suspect not in custody are not covered by the Miranda considerations. Thus, if you are not in custody and you are not being questioned, Miranda has no application.