Also known as:interrogate · interrogates · interrogated · interrogating · interrogatory · interrogatories · discovery
Written by attorneys · grounded in primary & secondary sources — see below
Questioning of a person by law enforcement officers. The process includes express questions as well as words or actions that officers should know are reasonably likely to elicit an incriminating response.
Sources & Authorities
How it applies
Common Examples
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Evidentiary Support After Questioning
Detectives questioned Iain Irons about a missing shipment after his arrest. His responses supplied the factual basis for the complaint. The court later found that the contentions rested on evidentiary support obtained through that exchange.
Frivolous Request During Questioning
Ira Irving's counsel served a discovery request seeking every statement made during police questioning of Ideal Solutions employees. The request lacked any reasonable basis tied to the claims. Opposing counsel moved for sanctions under the professional conduct rule.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Israel Irving invoked his right to counsel during custodial questioning about a theft. Officers stopped the session and provided an attorney. Two days later they resumed questioning about the same offense without the lawyer present. The statements were suppressed.
Revocation After Late Discovery
Ivy Investments accepted a shipment of parts after seller assurances that any defects would be cured. Customer use later revealed the nonconformity that questioning of warehouse staff had not uncovered earlier. The buyer revoked acceptance of the remaining units.
Disclosure of Custodial Statements
Isaiah Ishikawa made oral statements to a known federal agent during post-arrest questioning. The government intended to introduce the statements at trial. Upon defense request the prosecutor disclosed the substance of those statements under the criminal procedure rule.
Prompt Tender After Mistake
Ingrid Innes converted property under a reasonable mistake about ownership. Upon discovery of the error she promptly tendered the item back and kept the offer open. The court held the tender satisfied the conditions for avoiding liability.
Common questions
Frequently Asked
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What constitutes interrogation under Miranda?+
Interrogation includes express questioning as well as words or actions that officers should know are reasonably likely to elicit an incriminating response. Once a suspect invokes the right to counsel, police must cease questioning and may not reinitiate about any offense until counsel is provided or the suspect initiates further communication.
When must the government disclose statements obtained through interrogation?+
Upon a defendant's request the government must disclose the substance of any relevant oral statement made by the defendant before or after arrest in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial.
Does interrogation always require custody?+
No. Custodial interrogation triggers Miranda warnings. Routine nonaccusatory questioning of a person who is not in custody is investigatory interrogation and does not require those warnings.
381 U.S. 479 (1965)Constitutional Law
…uses." Myers v. United States , 272 U. S. 52, 151. The Ninth Amendment to the Constitution may be regarded by some as a recent discovery and may be forgotten by others, but since 1791 it has been a basic part of the Constitution which we are sworn to uphold. To hold that a right so basic and fundamental and so deep-rooted in…