Yes you can be questioned without receiving your Miranda rights. The issue under Miranda is whether the police can use anything you say during the interrogation in a subsequent prosecution against you. Remember that your Miranda rights are only triggered if you are in custody during the police interrogation. You only have Miranda protections if you are being subjected to a custodial interrogation. Therefore if the police have not put you under arrest and are questioning you at your home, the state would argue that all statements you make to the police are freely admissible against you in court. However, if the police put you in the back of a patrol car and then conduct the same interrogation, your defense counsel would argue that the interrogation took place in a custodial setting and any statement you make would be inadmissible unless you were given your Miranda warnings and you freely waived your rights.
Answered on May 20th, 2013 at 9:01 PM