When does a police officer's questioning become violating under Miranda?

A police officer's questioning becomes a violation of Miranda rights when it involves interrogation of a person who is in custody and without the presence of an attorney. Miranda v. Arizona established that individuals taken into police custody must be informed of their rights, including the right to remain silent and the right to an attorney, before being subjected to interrogation.

Custody refers to when a person is deprived of their freedom in a significant way—this does not always require a formal arrest but can occur when a reasonable person would not feel free to leave. Interrogation refers to direct questioning or actions that are likely to elicit an incriminating response from the suspect. If either of these conditions is met—being in custody and undergoing interrogation without an attorney present—then any statements made can be inadmissible in court due to a violation of Miranda rights.

The context of other options helps clarify this principle. Questioning that occurs outside of a police precinct or in a public setting does not automatically violate Miranda; it depends on whether the suspect is in custody and being interrogated. Additionally, formal arrest is not the only scenario in which Miranda rights apply; what’s critical is the combination of custody and interrogation without counsel. Thus, understanding the parameters of custody and the