Ep. #277: Can a person invoke the right to an attorney under Miranda if they're out of custody?

📌 The Fifth Amendment is the most famous. Because of Hollywood, everyone seems to know their rights. Yet, the Fifth Amendment is extremely complex. For example, how many times has a suspect complained that you didn’t read them his Miranda rights after an arrest, even though you didn’t interrogate him? Better yet, what if you forget to read someone his rights and he confesses? How do you fix that mistake? This book gives you these answers (Interview and Interrogation section)

Legal Standard
There are a lot of subsections to the Fifth Amendment, and you probably won’t deal directly with any of them except #4, the right against self-incrimination (i.e. Miranda):

1. No person shall be held to answer for a capital, or otherwise infamous crime,
2. unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger;
3. nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;
4. nor shall be compelled in any criminal case to be a witness against himself,
5. nor be deprived of life, liberty, or property, without due process of law;
6. nor shall private property be taken for public use, without just compensation.

📌Miranda rights are required when:

1. A person is in-custody (i.e. arrested);
2. You are interrogating him (i.e. “Tell me why you committed this crime”);
3. The person knows he is talking to an agent of the government.

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