Commonly asked questions about Miranda rights and Miranda warnings. It is important to remember that the Miranda Warning is all about being protected from self-incrimination under the Fifth Amendment during questioning, not about being arrested. Q. At what point are police required to inform a suspect of their Miranda rights? A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be “in custody” anytime they are placed in an environment in which they do not believe they are free to leave. Example: Police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court. If at any time before or during questioning, the individual being questioned indicates—in any manner—that he or she wishes to remain silent, the questioning must stop. If at any time the person states that they want an attorney, the questioning must stop until an attorney is present. Before the questioning can continue, the person being questioned must be given an opportunity to confer with the attorney. The attorney must then remain present during any further questioning.