If a person is not in police custody, Miranda warnings aren’t required and anything the person says can be used at trial if the person is later charged with a crime. However, the police do not have to advise you of your Miranda rights before asking any and every question. The Miranda warning is usually given when a person is arrested, though the Miranda Rights attach during any “custodial interrogation” (when a person is substantially deprived of their freedom and not free to leave) even if the suspect hasn’t been formally arrested and are based on the Fifth Amendment right against self-incrimination.
