Discuss the difference between an arrest and a custodial interrogation. When must Miranda be given to an individual?
The main difference between an arrest and custodial interrogation in that during an arrest you are physically detained from going anywhere. Now, during a custodial interrogation the individual has already been arrested and is in custody of police, and they are now being asked questions or interrogated. Miranda comes in after the arrest, and prior to the custodial interrogation informing the individual of their rights, and how they may want to proceed by either invoking the Fifth amendment or requesting an attorney.