Police must advise a criminal suspect of his constitutional right to remain silent when two conditions exist. First, the suspect must be in police custody. Second, the police must be interrogating the suspect. As set forth by the U.S. Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966), the Miranda warning is required whenever there is
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.
Id. at 443.
Statements made by the suspect under such circumstances are admissible at trial only if police advise him of his Miranda rights prior to interrogation and the suspect knowingly waives his right to remain silent.
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