When Miranda warning not required?

The 5th Amendment of the U.S. Bill of Rights, which protects U.S. citizens against self-incrimination, is the basis for our Miranda Rights. However, in order for Miranda to apply, two elements must be present: 1. the suspect is in police custody, AND

2. the suspect is being asked questions by police that are likely to invoke incriminating statements.

Both CUSTODY and INTERROGATION must be present before Miranda applies. A police officer does not have to advise a suspect of their Miranda rights when either of these elements are absent.