What must be established before a suspect can invoke their Miranda rights?

A suspect must invoke their Miranda rights once an interrogation has commenced. These rights, which include the right to remain silent and the right to an attorney, come into play when law enforcement officials are engaged in questioning a suspect about their involvement in a crime. The purpose of the Miranda warning is to ensure that suspects are aware of their rights in the context of custodial interrogation. If questioning is not occurring, the suspect does not have the opportunity—or need—to invoke these rights.

For instance, if a law enforcement officer merely stops someone for questioning without any intent to conduct an interrogation, the situation does not trigger the requirement for Miranda warnings. Therefore, the key factor is that the interrogation must be underway for the suspect to assert their Miranda rights effectively. This understanding is critical in ensuring that any statements made by the suspect during interrogation are admissible in court and that their constitutional protections are accounted for.