Should Miranda warnings have been given if detectives come to home with evidence of shoplifting and ask questions of suspect?

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So, if detectives show up to a person's home, knock, ask to come in, (without identifying themselves until they enter the home and are asked who they are - because they had on suits - and no badges or I.D.'s were ever displayed), then only say an agency that they're with, (but never show badges or I.D.'s, or disclose their full names at an time), and, once they're in the home, open a folder, show a person some photos from video camera at a local store depicting this person they're talking to shoplifting , and then announce that this person is a suspect and go on to ask this person a variety of questions concerning shoplifting, should Miranda warnings have been given prior to the apparent police, asking any questions concerning the alleged shoplifting?

Attorney Answers

3
Bradley Banks ·
To answer your question for sure a few more facts would be necessary. However, in order for Miranda warnings to be necessary the questions must have been given to the person 'in custody" Given the facts as you have stated them it is unlikely this would be deemed custodial questioning and thus Miranda likely was not required.
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John Elbert ·
The short answer is yes but you need to consult with a defense attorney to determine if there is a basis for a MotIon to Suppress.
0 upvotes