What is required by law before a custodial interrogation can take place?

The requirement for a Miranda warning before a custodial interrogation is rooted in the need to protect a suspect's Fifth Amendment rights against self-incrimination. When an individual is taken into custody and subjected to interrogation, they must be informed of their rights, which include the right to remain silent and the right to an attorney. This warning ensures that the suspect understands the potential consequences of their statements and the legal protections available to them during the interrogation process.

Providing the Miranda warning is crucial; failure to do so can result in any statements made by the suspect during that interrogation being inadmissible in court. The requirement is designed to ensure a fair legal process and to uphold the constitutional rights of individuals in custody. In contrast, options such as obtaining consent from the suspect or having a witness present do not fulfill the legal obligation defined by the Supreme Court's ruling in Miranda v. Arizona, which explicitly established the need for these warnings during custodial interrogations.