Drug Crimes, Substance Abuse clarification of above subject matter

[bsolaas]

Does this last paragraph also apply to those who are on probation and/or parole?
" The Miranda warning only applies to a suspect who is detained and in police custody...such as being in handcuffs and surrounded by police..... deprived his of her liberty, forcibly restrained, in the custody of the police or a legal authority in response to a criminal charge."

 

[mightymoose]

Yes, but the statement is not complete. Two conditions must exist for Miranda to be required.

1. The person is in custody or otherwise not free to leave.
2. The person is being questioned in a manner likely to produce an incriminating response.

An arrest, and simply being in custody, does not require Miranda. Status as a parolee or probationer does not change Miranda.