Earlier quoted context omitted.
You can see that principle at work in the interrogation of Reality Winner. https://www.politico.com/f/?id=0000015e-c5e7-ddab-a57f-cfe7d...
Can somebody explain why RW was not read her Miranda rights? Was it because she was never placed in custody?
There are two very basic prerequisites before the police must issue a Miranda warning to a suspect:
- The suspect is in police custody - The suspect is under interrogation
It's crucial to understand these prerequisites because if you aren't formally in police custody, and you aren't being interrogated, the police don't have to give you a Miranda warning. This, in turn, means that the police can use anything you say until those two requirements are fulfilled as evidence against you.