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Legal Definitions - interrogation
Definition of interrogation
Interrogation refers to the formal or systematic questioning of a person. In a legal context, it most commonly describes the intensive questioning conducted by law enforcement officers of an individual who has been arrested or is suspected of committing a crime.
Beyond direct questions, the legal definition of interrogation also includes any words or actions by the police that they should reasonably anticipate are likely to prompt an incriminating statement from the suspect, especially when the person is in police custody.
Example 1: Direct Police Questioning
A detective brings a person suspected of shoplifting into an interview room at the police station and asks them a series of questions about their presence in the store, what items they touched, and whether they left with any merchandise without paying. The detective carefully documents all responses.
This illustrates interrogation as the formal and systematic questioning by law enforcement of a suspect regarding a potential crime.
Example 2: Police Actions Designed to Elicit a Response
After a suspect in a vandalism case has been arrested and has stated they wish to remain silent, an officer places a photograph of the vandalized property, clearly showing the suspect's distinctive graffiti tag, on the table in front of them without saying anything. The officer then leaves the room for a few minutes, hoping the suspect will feel compelled to speak when the officer returns.
This demonstrates interrogation not just through direct questions, but through an action (placing the photo) that the police should reasonably expect would provoke an incriminating statement or explanation from the suspect.
Example 3: Formal Non-Police Questioning
An investigator from a company's human resources department conducts a structured interview with an employee accused of workplace harassment. The investigator follows a pre-defined set of questions, takes detailed notes, and informs the employee about the company's policies and the potential consequences of their actions.
While not involving law enforcement, this scenario fits the broader definition of interrogation as a formal and systematic questioning process designed to uncover facts and potential wrongdoing within a structured environment.
Simple Definition
Interrogation is the formal or systematic questioning of a person, most commonly conducted by police of someone arrested or suspected of a crime. For Fifth Amendment purposes, it encompasses not only direct questioning but also any police words or actions that are reasonably likely to elicit an incriminating response.