The two principles considered the Miranda triggers are:
- Custody: A person is in custody when they are formally arrested or their freedom of movement has been significantly restricted by law enforcement. This does not necessarily mean they are in handcuffs; it can also include situations where a reasonable person would not feel free to leave.
- Interrogation: This occurs when law enforcement officers intentionally engage in questioning or conduct that could elicit an incriminating response from the person. It includes both direct questions and any actions that might lead a suspect to believe that they are being questioned about their involvement in a crime.
When both these conditions are met, the police are required to inform the individual of their rights, as outlined in the Miranda v. Arizona case. This includes the right to remain silent and the right to an attorney.