MBE Critical Pass Practice Test

Which circumstance triggers the requirement for Miranda warnings?

Noncustodial interrogation Custodial interrogation Any police questioning Only when the suspect asks for counsel

Correct Answer:

Custodial interrogation

Explanation:

Miranda warnings come into play only when police are interrogating someone who is in custody. Custody means a situation where a reasonable person would not feel free to leave. Interrogation covers not just direct questions but any police conduct likely to elicit an incriminating response. Because of that, questioning someone who is not in custody doesn’t require warnings, and a suspect asking for counsel doesn’t by itself trigger the warnings—the warnings are needed only for custodial interrogation.

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