When does the Miranda requirement apply?

The Miranda requirement applies during custodial interrogation, which refers to instances when a person is both in custody and subjected to questioning by law enforcement. The Miranda warning is necessary to inform individuals of their rights to remain silent and to have an attorney present, ensuring that any statements made during this interrogation can be used in court without violating the individual's Fifth Amendment rights against self-incrimination.

When a suspect is in custody, they are not free to leave, and the interrogation can lead to significant pressure, making it vital for the suspect to be aware of their rights. This protection does not extend to all police questioning or situations where a suspect is free to leave, as in non-custodial interviews, where Miranda warnings are not required. Additionally, the requirement is not limited to serious criminal cases; it applies to any custodial interrogation regardless of the severity of the offense being investigated.