What Is Custodial Interrogation?

Custodial interrogation refers to the questioning of a suspect by law enforcement officers while the suspect is in custody or otherwise deprived of their freedom of action in a significant way.

The term highlights situations where an individual is not free to leave the interrogation setting, making the interaction between the individual and law enforcement more susceptible to pressures that could compromise the individual's rights.

Custodial Interrogation Explained

The concept is crucial within the framework of criminal procedure, especially in safeguarding individuals' rights under the Fifth Amendment to the United States Constitution, which protects against self-incrimination.

The landmark Supreme Court case Miranda v. Arizona established that individuals must be informed of their rights, including the right to remain silent and the right to an attorney, before custodial interrogation begins.

This requirement has become known as the Miranda rights or warning, ensuring that individuals are aware of their rights and that any statements made during such interrogation are voluntary and informed.

The Term Custodial Interrogation in Different Legal Contexts

Criminal Procedure: Focuses on the rules governing the conduct of custodial interrogations and the admissibility of statements obtained.

Constitutional Law: Relates to the protection of individuals' constitutional rights during interactions with law enforcement.

Common Misconceptions About the Meaning of Custodial Interrogation

A common misconception is that all police questioning constitutes custodial interrogation.

However, for an interrogation to be considered "custodial," the person being questioned must be in custody or in a situation where their freedom to leave is significantly restricted.

Casual conversations or inquiries by police do not necessarily amount to custodial interrogation unless these conditions are met.

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