Miranda Part 2

[Scruit]

If you suspect a person of committing a crime and wish to ask direct questions to confirm your suspicions, then you must give a miranda warning, correct?

Now, what if you wish to ask the subject's friend direct questions to confirm your suspicions that the subject has commited a crime... Do you have to warn the friend that his statements can be used against the subject?

The situation (from an episode of COPS) was that the subject was observed using nacotics while driving a car. The officer questioned the driver who denied using narcotics. The officer then seperated the driver and passenger (mother and daughter) and asked the passenger if the driver had any drugs in the vehicle; "Or did she just have the one she was using a moment ago?" The passenger replied that the driver only had the one she just used. This statement incriminated the driver who was then arrested. Neither the passenger nor the driver were ever mirandized.

[Lfpdlieu302]

they were not in custody, no miranda required