![]() ![]() Miranda rights take effect only if a suspect is being interrogated while they are in custody. Many people wonder if a police officer needs to issue Miranda warnings before asking them questions during these interactions. If the officer tells you that you cannot leave, you should comply and challenge the legality of the interaction later. ![]() You may want to ask an officer who starts an interaction whether you can leave, rather than simply walking away. Often, it is hard to tell whether an officer has a sufficient basis to detain someone who wants to leave the scene. They may have a duty to comply if the officer has a warrant or if they have a reasonable suspicion to conduct a stop and frisk (a pat down). However, in most cases, a citizen does not have a duty to comply with a police officer’s request for information or a search. The officer may even seek consent to search their person or their possessions. A police officer generally has a right to stop a citizen on the street and ask them questions, even if they do not believe that the person has committed a crime. ![]()
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