Legal Definitions - investigatory interrogation

An investigatory interrogation refers to the questioning of an individual by law enforcement officers, or agents acting on their behalf, for the specific purpose of gathering information about a suspected crime or criminal activity. This type of questioning typically occurs when the individual is a suspect or a person of interest in an ongoing investigation, and it aims to elicit statements or admissions that could be used as evidence. It is distinct from casual conversation or general information gathering from a mere witness, as it often carries the potential for the individual's statements to be self-incriminating. The legal implications, such as the requirement for Miranda warnings, often depend on whether the individual is considered to be "in custody" during the interrogation.

• Example 1: Questioning a Suspect at Home

  A detective investigating a series of residential burglaries visits the home of a person whose vehicle was seen near several crime scenes. The detective asks the person detailed questions about their whereabouts on specific dates and times, their knowledge of the break-ins, and if they own any tools that could be used for such crimes. The person is not under arrest, but the questions are clearly aimed at determining their involvement in the burglaries.

  This illustrates an investigatory interrogation because law enforcement is directly questioning a person of interest about a specific crime, seeking information that could link them to the offense, even though they are not yet formally in custody.

• Example 2: Escalation During a Traffic Stop

  A police officer pulls over a driver for speeding. During the stop, the officer notices a strong odor of marijuana coming from the car and observes drug paraphernalia in plain sight. The officer then begins to ask the driver specific questions about the marijuana, its source, and whether they have been using it, shifting the focus from the speeding ticket to potential drug-related offenses.

  This demonstrates an investigatory interrogation because the officer's questioning has moved beyond the initial traffic violation and is now focused on gathering evidence for a potential new crime (drug possession/use), targeting the driver as a suspect.

• Example 3: Interviewing a Witness Who Becomes a Suspect

  Detectives are investigating a reported arson at a local business. They initially interview an employee who was the last person to leave the premises, treating them as a witness. However, as the interview progresses, the employee's account of their actions becomes inconsistent with security footage, and they provide conflicting details about their movements. The detectives then begin to press the employee on these inconsistencies, asking pointed questions about their motive and opportunity to start the fire.

  This is an investigatory interrogation because, while it may have started as a witness interview, the nature of the questioning shifted to directly probe the individual's potential involvement in the crime, seeking incriminating information based on emerging suspicions.