Questioning criminal suspects who are not in custody does not require a Miranda advisal or waiver.

• Miranda and the Non-Custodial Interrogation:
• The Beheler Admonishment:

A Beheler admonishment, telling a suspect that he is not under arrest and is free to go, at least under the right circumstances, avoids the need to Mirandize a criminal suspect before questioning him.

Defendant Robert William Potter had been sexually molested by an uncle when he was 12 or 13 years old.  He also engaged in “inappropriate sexual contact” with his brother and sister when he was still a child, and then again with his sister when he was a little older.  None of this, apparently, was ever revealed.  Defendant eventually married and had several children, including a daughter referred to here simply as “H.”  Over the first five years of H.’s life, defendant and his wife separated several times.  Once, in 2015 when H. was three years old, she’d told her mother that defendant had put his penis in her mouth (calling it the “popsicle game.”).  But H. refused to talk about it when interviewed by counselors at the “special assault forensic evaluation” (SAFE) center, and defendant denied the accusation.  So defendant’s wife let him back into their lives, although not for long.  In March, 2017, when H. was five years old, she again complained about being sexually abused by defendant.  This time, she was able to talk about it with a police officer and then again to counselors at the SAFE center.  So defendant’s wife took the children (H. and the other sibling, K.), and left him.  Following up on this complaint, Detective Jenny Wirtz called defendant via telephone on December 5, 2017, and asked him if he would agree to come down to the police station for an interview.  Defendant said that he would.  But before this conversation was over, Detective Wirtz asked defendant if he’d ever been sexually assaulted in his past.  Defendant said that he had, telling Detective Wirtz about the incidents with his uncle and siblings.  Told that ....