Define custodial interrogation.

Define custodial interrogation.

• A. Interrogation conducted by law enforcement while the suspect is free to leave.
• B. Questioning conducted by private persons.
• C. Interrogation conducted by law enforcement after the suspect is in custody.
• D. Non-coercive questioning by a civilian.

Answer: (C)

Custodial interrogation is questioning by law enforcement after the person has been taken into custody or otherwise deprived of freedom of action in a significant way. The essential point is the combination of two elements: custody (not free to leave) and interrogation (police questioning or its functional equivalent aimed at eliciting information). That combination is what triggers protections like Miranda warnings. So, the description that fits best is interrogation conducted by law enforcement after the suspect is in custody, because it includes both the authoritative control by police and the questioning aimed at obtaining responses. By contrast, questioning while the suspect is free to leave isn’t custodial; interrogation by private individuals isn’t police interrogation; and non-coercive civilian questioning isn’t law enforcement interrogation.

Custodial interrogation is questioning by law enforcement after the person has been taken into custody or otherwise deprived of freedom of action in a significant way. The essential point is the combination of two elements: custody (not free to leave) and interrogation (police questioning or its functional equivalent aimed at eliciting information). That combination is what triggers protections like Miranda warnings.

So, the description that fits best is interrogation conducted by law enforcement after the suspect is in custody, because it includes both the authoritative control by police and the questioning aimed at obtaining responses. By contrast, questioning while the suspect is free to leave isn’t custodial; interrogation by private individuals isn’t police interrogation; and non-coercive civilian questioning isn’t law enforcement interrogation.