custodial interrogation

Custodial interrogation refers to the questioning of a detained person by law enforcement officers in connection with a criminal investigation. A person is in custody when, under the totality of the circumstances, a reasonable person would not feel free to terminate the interrogation and leave, and the restraint is comparable to formal arrest, or whenever they are not free to leave for other reasons. For example, the U.S. Supreme 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. See: Delaware v. Prouse, 440 U.S. 648 (1979).

Since the U.S. Supreme Court decision in Miranda v. Arizona, 384 U.S. 436 (1966), a custodial interrogation cannot occur unless the detaining officer 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 May of 2026 by the Wex Definitions Team]

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