Legal Question in Criminal Law in Michigan

Re: Miranda Law

Miranda rights have to be read when (1) a person is in government "custody" ... AND ... (2) the government engages in an interrogation to get incriminating information from the person.

Miranda rights are meant to protect people by giving them warnings that they do not have to answer police questions and give incriminating answers. Bottom line: You only NEED Miranda rights if police have custody of you and then talk to you in a way to get incriminating information.

So, if a person is arrested and police do not do a post-arrest interview ... Miranda rights do not have to be read.

Likewise, if a person is not in custody, police can carry on a conversation with a person and not give them Miranda warnings and wny incriminating information can be used against the person. Examples? A cop on the street is talking to a person in a public place, or a cop comes to a person's come after a 911 call and talks to someone in their home and they ar enot under arrest. In these instances, they are not under arrest or in custody (think they are not free to go at any time). Not in custody? No Miranda rights!