when are government officials required to read a person his or her miranda rights
Miranda warning The circumstances triggering the Miranda safeguards, i.e. Miranda warnings, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response. Suspects in "custody" who are about to be interrogated must be properly advised of their Miranda rights—namely, the Fifth Amendment right against compelled self incrimination (and, in furtherance of this right, the right to counsel while in custody). The Sixth Amendment right to counsel means that the suspect has the right to consult with an attorney before questioning begins and have an attorney present during the interrogation. The Fifth Amendment right against compelled self incrimination is the right to remain silent—the right to refuse to answer questions or to otherwise communicate information.
Fifth Amendment to the United States Constitution The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and, among other things, protects individuals from being compelled to be witnesses against themselves in criminal cases. "Pleading the Fifth" is thus a colloquial term for invoking the right that allows witnesses to decline to answer questions where the answers might incriminate them, and generally without having to suffer a penalty for asserting the right. This evidentiary privilege ensures that defendants cannot be compelled to become witnesses at their own trials. If, however, they choose to testify, they are not entitled to the right during cross-examination, where questions are relevant to their testimony on direct examination.[1] The Amendment requires that felonies be tried only upon indictment by a grand jury. Federal grand juries can force people to take the witness stand, but defendants in those proceedings have Fifth Amendment privileges until they choose to answer any question. To claim the privilege for failure to answer when being interviewed by police, the interviewee must have explicitly invoked the constitutional right when declining to answer questions.