When Are Warnings Necessary?

When must a police officer give Miranda warnings? What about when the police are undercover? Courts have consistently held that undercover agents are not required to give Miranda warnings to suspects. The rationale for this is obvious--an undercover police officer working on a prostitution sting does not have to give Miranda warnings. Imagine the scenario--if an undercover officer is attempting to solicit business with a "john" then they stop right before they come to terms (i.e., money for sexual act), the police officer stops and states "you have the right to remain silent, etc...." That would defeat the purpose of their investigation.

However, custody occurs (1) when the suspect is actually arrested; (2) when the suspect is physically deprived of his or her freedom of action in any signifcant way; (3) when the suspect is led to believe as a reasonable person that he or she is deprived of freedom of movement; or (4) when there is probable cause to arrest and the police do not tell the suspect that he or she is free to leave.

If you have been charged with sex crime, contact a Plano criminal defense attorney.