Legal Definitions - custodial interrogation

Custodial interrogation refers to the questioning of an individual by law enforcement officers when that individual is not free to leave, and the questioning is designed to elicit information about a crime.

For a situation to be considered a custodial interrogation, two key elements must be present:

• Custody: The person being questioned is deprived of their freedom in a significant way. This doesn't necessarily mean they are formally under arrest; it simply means a reasonable person in their situation would not feel free to end the encounter and leave.
• Interrogation: The police are asking questions or engaging in actions that they should know are reasonably likely to elicit an incriminating response from the suspect regarding a criminal investigation.

Because of the significant pressure and potential for coercion in such situations, the U.S. Supreme Court case Miranda v. Arizona established that law enforcement must inform a person of their "Miranda rights" (the right to remain silent, the right to an attorney, etc.) before beginning a custodial interrogation. If these warnings are not given, any statements made by the person during the interrogation are generally inadmissible as evidence in court.

Here are some examples illustrating when a custodial interrogation might occur:

• Example 1: Questioning at the Police Station

  Imagine a person, Mr. Henderson, is asked by detectives to come to the police station for questioning about a recent burglary. He agrees to go voluntarily. However, once he arrives, the detectives lead him to a small, windowless room, tell him he cannot leave until they have finished asking all their questions about the burglary, and then begin asking detailed questions about his whereabouts and knowledge of the crime. Even though he wasn't formally arrested upon arrival, the detectives' actions of confining him and explicitly stating he cannot leave create a custodial environment. Their subsequent questioning about the burglary constitutes an interrogation.

• Example 2: Detention at a Crime Scene

  Consider Ms. Chen, who is walking her dog near a park where a serious assault has just occurred. Police officers quickly secure the area, and an officer approaches Ms. Chen, immediately places her in handcuffs, and directs her to sit in the back of a patrol car. The officer then begins asking her specific questions about what she saw, who she was with, and if she knows the victim or any potential suspects. Ms. Chen is clearly not free to leave due to the handcuffs and being placed in the patrol car, establishing custody. The officer's direct questions about the assault constitute an interrogation.

• Example 3: Questioning in a Private Setting with Restraint

  Suppose Mr. Davies is at his office when two plainclothes detectives arrive, identify themselves, and ask him to accompany them to a secluded conference room to discuss "some irregularities" in the company's financial records. Once inside, one detective stands by the door, blocking the exit, while the other detective aggressively questions Mr. Davies about specific transactions and implies he is responsible for missing funds, stating that they won't leave until they get answers. Although Mr. Davies is in his own workplace, the detectives' actions of physically blocking his exit and making it clear he cannot leave create a custodial situation. Their pointed questions about the missing funds are an interrogation.