Does a probation officer have to give miranda warnings? My stance is....1. only when the Defendant is in custody and 2. only when going outside of the routine questions (this could be a gray area). If the probationer is not in custody and the officer is only asking questions not designed to lead to an inculpatory response to a crime, then it is okay.... But, the problems start when they are asking them, "so, you been doing drugs lately?" What is the current practice in other counties?