It depends. Miranda required that where an individual is under arrest, i.e., the individual is not free to leave, the officer must appraise the individual of his rights to remain silent, and obtain counsel (through hiring or appointment) before questioning the individual.
Where the person is not in custody or is free to leave at will, the police need not "Mirandize" the person before questioning him. Any information that the person givs at this stage of the process is admissible.
Michael Caldwell
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