| That is what the defendant pays 10,000 for a good lawyer to argue.
First of course it only applies to when they are questioned, and only when they are a suspect. It does not matter if they are in a custodial or non custodial enviorment as long as they are a suspect they have to have the rights read before questioning.
If they are not a suspect, at the time they become a suspect they have to have the rights read.
Of course a non suspect will not be in a custodial enviornment unless they are in it for a non related event, such as someone arrested for another crime, is in jail but they may be a witness of another crime, they are in custody, but do not have to be given any rights to ask them about the other event.
But as noted, a person who is the suspect can not be questioned even if not in custody. This is where the lawyers fight, at what point did the police questioning them as a suspect decide they were a suspect.
As for as a custodial enviorment, it can differ by state determiniation of the law, in general it is when and if a normal person under simular circumstance would beleive they are in a custodial enviorment.
As long as they beleive they are free to leave ( even if they are not) but if they beleive they are, it is not considered a custodial enviorment as to the suspect.
** This is per GA court system as of 4 years ago. I arrested and questioned people for various thinigs then. | 
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