Legal Definitions - noncustodial interrogation

A noncustodial interrogation refers to questioning conducted by law enforcement where the person being questioned is not under arrest and is free to leave at any time. In such situations, the individual's freedom of movement is not significantly restricted, and they are not considered to be "in custody." Because the person is not in custody, law enforcement is generally not required to provide Miranda warnings (the right to remain silent and the right to an attorney) before questioning begins, even if the questions are designed to elicit incriminating responses.

Here are some examples to illustrate this concept:

• Example 1: Interview at Home

  A detective arrives at Maria's home to ask her about a recent burglary in her neighborhood. Maria invites the detective inside, and they speak in her living room for about 30 minutes. During the conversation, the detective asks if Maria noticed any suspicious individuals or vehicles. Maria answers the questions, and the detective thanks her and leaves. Maria was never told she was under arrest, nor was she prevented from moving freely within her home or asking the detective to leave.

  How it illustrates the term: This is a noncustodial interrogation because Maria was in her own home, not under arrest, and her freedom to end the conversation or move about was not restricted. She was free to refuse to answer questions or ask the detective to leave at any point.

• Example 2: Voluntary Interview at the Police Station

  John receives a call from a police officer asking if he would be willing to come to the station to discuss a car accident he witnessed. John drives himself to the station, parks his car, and meets with the officer in an interview room. Before questioning begins, the officer explicitly tells John that he is not under arrest, is free to leave at any time, and can stop the interview whenever he wishes. John answers the officer's questions for an hour and then drives home.

  How it illustrates the term: Even though the questioning takes place at a police station, it is noncustodial because John came voluntarily, was explicitly informed he was not under arrest, and was free to leave at any point. His freedom of movement was not restrained.

• Example 3: Questioning at a Workplace

  An investigator from the state's environmental protection agency visits a manufacturing plant to inquire about a recent chemical spill. The investigator approaches an employee, David, who is working on the factory floor, and asks him a series of questions about the plant's waste disposal procedures. David is told he is not a suspect, is free to continue his work, and can decline to answer any questions. After a brief conversation, the investigator moves on to speak with other employees.

  How it illustrates the term: This is a noncustodial interrogation because David was questioned in his workplace, was not under arrest, and was explicitly told he was free to continue working or decline to answer questions. His liberty was not curtailed in a way that would suggest he was in custody.