Legal Question in Criminal Law in West Virginia

Re: reading of rights, taking statements

More information would be needed to answer this question except in the abstract.

Miranda warnings must be given when a person is subjected to custodial interrogation concerning a criminal matter. Certainly, there are instances where a person who would not meet the definition of "police" might interrogate someone who was in custody and the warnings would be required. On the other hand, there are many instances where the warnings are not required even if it is the police asking questions.

To oversimplify, if a person is in police custody or the custody of a penal or corrections authority, Miranda warnings would probably be required even if the person doing the interrogating was not with the police (e.g., prosecutor, probation officer, court official "non-police" government investigator, etc.).