custodial interrogation

Custodial interrogation refers to the questioning of a detained person by the police in connection with a criminal investigation. A person qualifies as detained not only when under arrest, but also whenever they are not free to leave for other reasons.

For example, the court has held that preventing a car owner from leaving for the purposes of obtaining their license and registration at a traffic stop can qualify as a detainment.

Due to the seminal case Miranda v. Arizona , a custodial interrogation cannot occur unless the detainer warns the detained person of their Miranda rights . Any statements made by a detained person who was not warned of their Miranda rights are inadmissible in court.

[Last reviewed in July of 2022 by the Wex Definitions Team ]

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