Can a police force give a suspect a Miranda before questioning them?

California, United States of America


The following excerpt is from Teters, In re, 264 Cal.App.2d 816, 70 Cal.Rptr. 749 (Cal. App. 1968):

'We must first ascertain whether in this case police authorities were under an obligation to give the Miranda warnings. As that opinion makes plain, the procedural safeguards therein come into play only where 'custodial interrogation' is involved, and by 'custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.' (Miranda v. State of Arizona, supra, 384 U.S. 436, 444, 86 S.Ct. 1602, 1612, 16 L.Ed.2d 694, 706, 10 A.L.R.3d 974.) While the defendant here had not been formally[264 Cal.App.2d 821] arrested, we have long held that a suspect must be fully apprised of his rights upon being ushered into a police station and detained for questioning. (See, e.g., People v. Furnish (1965) 63 Cal.2d 511, 516, 47 Cal.Rptr. 387, 407 P.2d 299; People v. Chaney (1965) 63 Cal.2d 767, 769, 48 Cal.Rptr. 188, 408 P.2d 964.)'

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