how does the decision in Miranda v. Arizona case apply in such an instance?
(in the US) 1) “The reading of the Miranda warning or similar “caution” to an arrestee advising him or her of rights is not legally required upon arrest. A legal caution is required only when a person has been taken into custody and is interrogated.” Source and further information: http://en.wikipedia.org/wiki/Police_custody 2) “police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle, or when detained. Arrests can occur without questioning and without the Miranda warning—although if the police do change their mind and decide to interrogate the suspect, the warning must then be given.” “The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation. Therefore, for Miranda to apply six factors must be present: (1) evidence must have been gathered (2) the evidence must be testimonial (3) the evidence must have been obtained whi
