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When is Miranda required to be read to a suspect?

  1. Before any questioning begins

  2. When a suspect is in custody and under interrogation

  3. Upon arrest

  4. Only in serious crimes

The correct answer is: When a suspect is in custody and under interrogation

Miranda warnings are required to be read to a suspect when they are in custody and under interrogation. This requirement stems from the U.S. Supreme Court case Miranda v. Arizona, which established that individuals must be informed of their rights, including the right to remain silent and the right to an attorney, before any questioning can take place. This ensures that suspects do not unknowingly waive their rights when under pressure from law enforcement. Being in custody indicates that the suspect's freedom of movement is restricted in a significant way, such as being placed under arrest or otherwise not free to leave. Interrogation occurs when law enforcement is engaging in conduct that is likely to elicit an incriminating response from the suspect. Therefore, both elements of being in custody and undergoing interrogation are necessary for the Miranda warning to be mandated before questioning can proceed. In contrast, the other options are not fully accurate as they suggest conditions that are either too narrow or not fully encompassing of the legal requirements established by the courts.