What are the two criteria necessary for a Miranda warning to be applicable?

The applicability of a Miranda warning is predicated on two key criteria: custody and interrogation.

When an individual is in custody, they are not free to leave, which creates a scenario where they might feel the pressure of police authority. Interrogation refers to any questioning by law enforcement that seeks to elicit incriminating information from the individual. The purpose of the Miranda warning is to inform individuals of their rights—the right to remain silent and the right to an attorney—before they potentially incriminate themselves during such questioning.

Understanding these criteria is central to upholding an individual’s Fifth Amendment rights against self-incrimination and ensuring a fair legal process. Without both elements being present, the requirement for a Miranda warning may not apply, potentially impacting the admissibility of statements made during police interactions.