The two-prong test that determines when the Miranda warning must be given is met when which conditions are present?

• A. Custody and interrogation
• B. Custody and voluntary confession
• C. Interrogation and duration
• D. Voluntary statement and custody

Answer: (A)

The key idea is that Miranda warnings are required only when a suspect is in a custodial situation and is being interrogated by police. Custody means a reasonable person would feel they are not free to leave, such as being arrested or held in a way that significantly limits movement. Interrogation covers police-initiated questioning or its functional equivalent—questions or actions that are reasonably likely to elicit an incriminating response.

Both conditions have to be present for the warning to be required. If the person isn’t in custody, or if the police aren’t asking questions meant to elicit information, Miranda warnings aren’t mandatory. For instance, a voluntary, noncoercive statement made outside a custodial setting wouldn’t trigger the requirement. Conversely, being in custody without interrogation wouldn’t trigger it either.

So, the correct pairing is custody and interrogation.