What must happen before a person in custody can be questioned?

Before a person in custody can be questioned, they must be issued a Miranda warning. This warning informs individuals of their rights, including the right to remain silent and the right to an attorney, ensuring that any statements made during the interrogation are given voluntarily and with knowledge of these rights. The purpose of the Miranda warning is to protect the Fifth Amendment right against self-incrimination, which is critical once a person is in custody and subjected to potential interrogation.

Issuing the Miranda warning is a protective measure that law enforcement must follow to ensure that suspects are aware of their rights, thus preserving the validity of any statements they might make during questioning. If the warning is not provided, any statements or admissions made may be deemed inadmissible in court, effectively protecting the individual’s legal rights during the interrogation process. The remaining options address different legal concepts relevant to police procedure but do not pertain directly to the requirement for administering a Miranda warning prior to questioning.