What must happen before custodial interrogation occurs as per Miranda v. Arizona?

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In the context of Miranda v. Arizona, the key requirement before custodial interrogation can occur is that suspects must waive their right to remain silent. This case established the principle that individuals in custody must be informed of their rights, including the right to remain silent and the right to legal counsel.

For an interrogation to proceed legally, it is essential that the individual understands these rights and voluntarily chooses to relinquish them. This waiver ensures that any statements made during the interrogation are admissible in court, provided that the suspect is aware of their rights and the consequences of waiving them.

The other options do not accurately reflect the requirements established by the Supreme Court in Miranda v. Arizona. For instance, admission of guilt is not necessary for interrogation to happen; a checklist is not part of the procedure outlined by the ruling; and while having a lawyer present is crucial for legal counsel, it is not a prerequisite for the waiver of the right to remain silent. Thus, understanding the waiver is critical to ensuring that any rights of the suspect are respected during the interrogation process.

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