Also known as: in custody interrogation · incustody interrogation · custodial interrogation
Written by attorneys · grounded in primary & secondary sources — see below
Questioning of a suspect by law enforcement officers after the suspect has been taken into custody or otherwise deprived of freedom in a significant way. The interaction triggers Fifth Amendment protections requiring Miranda warnings before any statements can be used against the suspect at trial.
Isabella Ingram was arrested and invoked her right to counsel during station questioning about a theft. Hours later while still in custody an officer from another unit approached her without counsel present and asked about an unrelated fraud. Her later statements about the fraud were obtained through prohibited police-initiated custodial interrogation.
Ira Irving was pulled over for a broken taillight. The officer asked brief questions about his license and destination while Ira remained in his car. Because the encounter was a routine traffic stop rather than in-custody interrogation no Miranda warnings were required before the questions.
Select any source to read its text and confirm it supports the definition.
Isla Ireland invoked her right to counsel after arrest for assault. She met briefly with appointed counsel then returned to her cell. The next day an officer reinitiated questioning without counsel present and obtained a statement. The statement resulted from forbidden custodial interrogation after the invocation.
Ingrid Innes was arrested and taken to the station. Detectives questioned her for two hours in a locked room without giving any warnings. Her resulting admissions were obtained during in-custody interrogation and were inadmissible in the prosecution's case in chief.
Imani Idowu was in custody on a murder charge when he spontaneously confessed to officers without any prompting. Because the statement was not the product of police questioning it did not arise from in-custody interrogation and remained admissible despite the absence of fresh warnings.
Ivy Ibarra was arrested and clearly requested counsel during initial questioning. Officers stopped but returned the next day without providing counsel and resumed interrogation. The later statements were the direct result of prohibited reinitiation of in-custody interrogation after invocation.
Yes. Once a suspect in custody invokes the Miranda right to counsel police may not reinitiate interrogation about any offense while the suspect remains in custody unless counsel is present or the suspect reinitiates contact.
No. Ordinary roadside questioning during a brief traffic stop is not custodial interrogation so Miranda warnings are not required even though the stop involves some restraint on freedom.
No. After invocation police may not reinitiate custodial interrogation without counsel present even if the suspect has already consulted an attorney. The protection requires counsel's presence at any subsequent interrogation unless the suspect reinitiates.
Custody exists when a reasonable person would not feel free to terminate the encounter and leave. Stationhouse interrogation after arrest or equivalent restraint typically qualifies as custodial interrogation requiring warnings.
…statements without full warnings of constitutional rights. An understanding of the nature and setting of this in-custody interrogation is essential to our decisions today. The difficulty in depicting what transpires at such interrogations stems from the fact that in this country they have largely taken place incommunicado.…