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What qualifies as custodial interrogation?

by | Nov 14, 2014 | Firm News |


A criminal conviction can carry serious penalties with long-term consequences. For this reason, the Supreme Court assured that individuals’ Constitutional rights were protected by requiring officers to give a Miranda warning before any custodial interrogation took place. When pursuing criminal charges, any Louisiana officer failing to give notice of an individual’s Fifth Amendment rights must suffer the consequences of being unable to use illegally obtained statements at subsequent proceedings.

Knowing what protections the Miranda warning offers is only half of the story, however. Knowing when exactly it applies is crucial. While the Court has not explored every niche in which Miranda may apply, it has had chances to further define what qualifies as custodial interrogation.

As the Congressional Research Service Annotated Constitution lays out, the first component involves the suspect being in custody. Clearly, this occurs when he or she is in jail, even if it is for another reason aside from that which he or she is questioned on. Additionally, an individual is in custody any time an arrest occurs, regardless of where the arrest is taking place. Gray areas arise, however, when an individual is in a police station for other reasons or is in his or her home speaking with officers. The Court has offered an objective test stating that, generally, an individual is in custody when a reasonable person in the suspect’s shoes would believe he or she is no longer free to leave.

The second necessary element is that of an interrogation during custody. While an interrogation certainly applies when policemen question a suspect, the questions themselves are not necessarily required. An interrogation may also occur when officers engage in conversation among themselves that is intended to entice a defendant to make incriminating statements..

Though not every Miranda-applicable situation has been clearly defined yet, it is clear that the intent behind the warning is to ensure that all defendants know and understand their rights before they can voluntarily waive them. Any violation of this notice results in strict penalties for officers and prosecutors. A solid defense team can help safeguard a defendant’s rights and make sure no procedures were violated, or if they were, no illegally obtained evidence can come into court.