The Miranda Myths of “Suspects” & “Police Station Interviews”

Miranda Myths Debunked

For some reason, Miranda has spurned quite a litter of urban legends. Let’s address the most prevalent.

Myth Number 1 – The Suspect Notion: Remember, Miranda is only triggered if you have custody and interrogation. The fact that an individual is a suspect has no bearing on the application of Miranda.

Myth Number 2 – Police Station Interviews Require Miranda: So, you are asking incriminating questions, therefore you have interrogation. However, you do not have custody simply because those questions take place at the police station. If the interviewee is somehow restrained in a way associated with formal arrest, then he is in custody. Otherwise, Miranda is inapplicable. The Supreme Court addressed Myths 1 and 2 as follows, “[P]olice officers are not required to administer Miranda warnings to everyone whom they question. Nor is the requirement of warnings to be imposed simply because the questioning takes place in the station house, or because the questioned person is one whom the police suspect.” (Oregon v. Mathiason, 429 U.S. 711, 712 (1977)).