What must a peace officer ensure before proceeding with a custodial interrogation?

A peace officer must ensure that the suspect waives their rights before proceeding with a custodial interrogation as a critical part of the legal process. This requirement stems from the Miranda v. Arizona case, which established that individuals have the right to be informed of their rights against self-incrimination and to have legal counsel present. If a suspect is in custody and subject to interrogation, it is essential for the officer to confirm that the suspect understands these rights and voluntarily waives them. This waiver is crucial to ensure that any statements made by the suspect during interrogation are admissible in court and that the suspect's constitutional rights are protected.

While recording the interrogation or allowing a witness may be beneficial practices, they are not universally mandated requirements for proceeding with interrogation. The timing of the interrogation is also not a stipulated prerequisite, focusing instead on the proper advisement and waiver of rights.