When Miranda Warnings Are Not Required
1) When taking the suspect's pedigree information - name, date of birth, address, and other info.
2) When the suspect is not in custody.
3) Spontaneous statements - the police do not have to read Miranda to quiet a person who speaks without prompting.
4) Investigative questioning - the police are not required to give Miranda warnings to every person when they first arrive on the scene and begin an investigation.
What the Police Can Do During Questioning
1) Use a trick or ruse, as long as the deceit is not so unfair as to deny the suspect due process. This usually takes the shape of informing the defendant he has been identified by a witness or that his DNA was recovered.
2) Tell the defendant they will inform the court and DA that the defendant was cooperative.
3) Record the interview if they choose.
What the Police Cannot Do
1) Promise immunity
2) Promise a lesser charge or a specific sentence
3) Threaten the suspect to make a statement
4) Harm the suspect
Again, every case is unique and the specific facts of each will determine the court's ruling on admissibility of the confession. This is merely an informative guide.