When must Miranda rights be read to an arrestee during processing?

• A. They are read at the discretion of the officer.
• B. They are read only if the arrestee is unfamiliar with rights.
• C. They must be read when a person is in custody and subject to interrogation.
• D. They are read after the arrestee signs a waiver.

Answer: (C)

The important rule is that Miranda warnings are required whenever a person is in custody and subject to interrogation. During processing, once someone is in custody (they’re not free to leave) and the police plan to ask questions that are likely to elicit an incriminating response, the warnings must be read before those questions begin. They’re not triggered by simply being arrested or by a waiver happening later, and they don’t depend on whether the arrestee understands the rights. If the arrestee invokes the right to silence or asks for an attorney, questioning must stop.