According to Miranda, one has to be in police custody and interrogated before Miranda Rights must be read to them.

(in the US) 1) "The reading of the Miranda warning or similar "caution" to an arrestee advising him or her of rights is not legally required upon arrest. A legal caution is required only when a person has been taken into custody and is interrogated." Source and further information: http://en.wikipedia.org/wiki/Police_custody 2) "police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle, or when detained. Arrests can occur without questioning and without the Miranda warning—although if the police do change their mind and decide to interrogate the suspect, the warning must then be given." "The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation. Therefore, for Miranda to apply six factors must be present: (1) evidence must have been gathered (2) the evidence must be testimonial (3) the evidence must have been obtained while the suspect was in custody (4) the evidence must have been the product of interrogation (5) the interrogation must have been conducted by state-agents and (6) the evidence must be offered by the state during a criminal prosecution." "the evidence must have been obtained while the suspect was in custody. Custody means either that the suspect was under arrest or that his freedom of movement was restrained to an extent “associated with a formal arrest.” A formal arrest occurs when an officer, with the intent to make an arrest, takes a person into custody by the use of physical force or the person submits to the control of an officer who has indicated his intention to arrest the person. In the absence of a formal arrest, the issue is whether a reasonable person in the suspect’s position would have believed that he was under arrest. Applying this objective test, the Court has held Miranda does not apply to roadside questioning of a stopped motorist or to questioning of a person briefly detained on the street. Even though neither the motorist nor the pedestrian is free to leave, this interference with the freedom of action is not considered custody for purposes of the Fifth Amendment. The court has similarly held that a person who voluntarily comes to the police station for purposes of questioning is not in custody and thus not entitled to Miranda warnings particularly when the police advise the suspect that he is not under arrest and free to leave. Generally, incarceration or imprisonment constitutes custody. However, Miranda is not offense-specific. Therefore, a person who is incarcerated could not be interrogated about any offense regardless of whether the questioning related to the offense for which she is incarcerated or any other offense absent a valid Miranda waiver." Source and further information: http://en.wikipedia.org/wiki/Miranda_warning#Confusion_regarding_use Further information: http://en.wikipedia.org/wiki/Miranda_v._Arizona