Custodial interrogation

In United States criminal law, a custodial interrogation (or, generally, custodial situation) is a situation in which the suspect's freedom of movement is restrained, even if he is not under arrest.

History

Per Miranda v. Arizona, 384 U.S. 436, 444 (1966), "custodial interrogation [refers to] questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." The United States Supreme Court has clarified that a person is being subjected to a custodial interrogation if "a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave." Thompson v. Keohane, 516 U.S. 99, 112 (1995). This test is objective and thus does not depend on the individual suspect's subjective mindset, age, or previous personal experience with law enforcement. Yarborough v. Alvarado, 541 U.S. 652, 666-69 (2004). Rather, the ultimate inquiry is whether a normal, reasonable person would feel free to end the encounter with law enforcement and leave the scene. However, J.D.B. v North Carolina states that a child's age properly informs the Miranda analysis.

gollark: How? Games aren't physical objects, unless you're one of those people who buys CDs.

gollark: Stuff like "stealing" which applies to physical objects doesn't really translate neatly to intellectual property.

gollark: What's YOUR favourite VCS then?

gollark: ```bashosmarks@fenrir ~> git gudgit: 'gud' is not a git command. See 'git --help'.The most similar command is gui```

gollark: Applied Science was the second one in Spirit's list, no?

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