Code of Criminal Procedure · Miranda v. Arizona

Miranda v. Arizona

Miranda v. Arizona is covered under Miranda v. Arizona and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Statements" on practice exams.

To prove this offense, the State must establish each of the following elements: Custody — formal arrest or functional equivalent (would a reasonable person feel they were not free to leave to a degree associated with formal arrest?); Interrogation — express questioning OR words/actions reasonably likely to elicit an incriminating response; Both required to trigger Miranda.

Elements you must prove

  • Custody — formal arrest or functional equivalent (would a reasonable person feel they were not free to leave to a degree associated with formal arrest?)
  • Interrogation — express questioning OR words/actions reasonably likely to elicit an incriminating response
  • Both required to trigger Miranda

Practice 1 question on this topic

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Worked examples

Worked example 1

Miranda warnings are required when a person is subjected to:

  1. Any contact with police
  2. Custodial interrogation — both custody (formal arrest or its functional equivalent) AND interrogation (questioning, or its functional equivalent, that is reasonably likely to elicit an incriminating response) Correct
  3. Booking
  4. Field sobriety testing
Why: Miranda is triggered by both custody and interrogation. Routine traffic-stop questioning is generally not custody for Miranda purposes (Berkemer v. McCarty). Booking questions ('pedigree') are generally exempt.
Statute: Miranda v. Arizona; Rhode Island v. Innis