Which statement best describes custodial interrogation?

Which statement best describes custodial interrogation?

• A. A person is not in custody and Miranda warnings may not be required.
• B. A person is in custody.
• C. Interrogation only occurs during traffic stops.
• D. Interrogation is limited to non-criminal investigations.

Answer: (B)

Custodial interrogation happens when someone is in custody—meaning they’re not free to leave or their movement is significantly restrained—and the police are asking questions designed to elicit an incriminating response. In that situation, Miranda warnings are required before questioning, and any waiver must be voluntary and knowingly given. This is why the correct statement is that the person is in custody. If the person isn’t in custody, the warnings typically aren’t required, and questioning in a non-coercive setting can proceed without Miranda. Interrogation isn’t limited to traffic stops or to non-criminal investigations; it can occur in many contexts during criminal investigations, and it includes not just direct questions but any words or actions likely to solicit an incriminating answer.

Custodial interrogation happens when someone is in custody—meaning they’re not free to leave or their movement is significantly restrained—and the police are asking questions designed to elicit an incriminating response. In that situation, Miranda warnings are required before questioning, and any waiver must be voluntary and knowingly given. This is why the correct statement is that the person is in custody. If the person isn’t in custody, the warnings typically aren’t required, and questioning in a non-coercive setting can proceed without Miranda. Interrogation isn’t limited to traffic stops or to non-criminal investigations; it can occur in many contexts during criminal investigations, and it includes not just direct questions but any words or actions likely to solicit an incriminating answer.