The United States Supreme Court says that Miranda applies under a two-prong test across the nation, including here in Houston. This is the two-prong test.
1. The citizen or the individual has to been in custody;
2) The law enforcement official has to be asking questions that would elicit an incriminating response.
For instance, during a DWI investigation, the police officers walks up to the window and asks, “Sir, or madame, have you been drinking tonight?”. Obviously, that would elicit an incriminating response. “Yes, Sir I have, I have had three beers.” Normally, the 5th Amendment protects you from self-incrimination. Then, they would have to read the Miranda warnings to you. However, in this case, the police is asking you this while you are not in custody and on a voluntary basis. As a result, you are NOT protected under the Constitution in this case. That’s when you should say, “Officer, I do not want to speak with you without talking to an attorney first.”
On the way to the police office, if the officer does not ask you any questions (and obviously you are in custody if you are in their trooper car) Miranda still does not apply. It is because it does not meet the two-prong test. He or she is not asking you any questions that would elicit an incriminating response. Therefore, in this case, they would not need to read your Miranda rights or provide you with a Miranda warning. You have to meet both prongs under the supreme court’s test. Again,1) you need to be in custody and 2) the officer is questioning you in a manner attempting to elicit an incriminating response.