Final answer:
Miranda rights do not apply when the individual is not in police custody and free to leave, as well as when a suspect voluntarily makes unsolicited statements in public without coercive pressure from the police.
Step-by-step explanation:
When Miranda Rights Do Not Apply:
While Miranda rights are a fundamental part of the due process granted to individuals accused of a crime, there are cases where these rights do not apply. Two scenarios in which Miranda rights may not be necessary include:
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- When an individual is not in police custody, meaning they are free to leave at any time, anything they voluntarily say during this period may not require the Miranda warning to be read.
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- If a suspect is in a public setting where there is no reasonable expectation of privacy and they freely answer an officer's questions without coercion, such unsolicited statements can be used without the need for Miranda warnings.
It is crucial to understand that Miranda rights are meant to protect against self-incrimination during custodial interrogations, and these exceptions highlight situations where the coercive pressure of custody may not be present.