Custody questioning occurs when a person’s freedom is restricted while being interrogated by officials of the court or law. In the US, constitutional protections and the Miranda warning apply. Other countries also have similar protections. Law enforcement officials cannot coerce or harm a person during interrogation, and if constitutional rights are violated, evidence may not be introduced in trial.
Custody questioning refers to questioning conducted by officials of the court or the law while you are in their custody. While such interrogation most commonly takes place in police stations or detention areas, custody interrogation can take place at any time when a person’s freedom is restricted while being interrogated. For example, a custodial interview may take place in the back of a police car, in a hospital room, or any other location where a law enforcement official is questioning a person who feels restricted or incapable to depart.
In the United States, there are different rules for prison interrogation. First, there are various constitutional protections. The Fifth Amendment to the Constitution protects a person from self-incrimination, for example, while the Due Process Clause in the Fifth and Fourteenth Amendments ensures that no person is deprived of his or her rights to life and liberty, including the freedom to leave a custody interrogation — without due process of law.
The Supreme Court has also extended further rights to a person to be subjected to such questioning. Under Miranda v. Arizona, a person needs to be read about her rights before being subjected to prison questioning. This means that before questioning someone, the police or other law enforcement officials must inform them that they have the right to remain silent and the right to counsel.
Similar protections also exist for custody interrogations in other countries. In Australia, the Crimes Act 1958 and the Evidence Act 1995 protect the rights of an interrogated person. England, Canada, all countries of the European Union, Israel and New Zealand also protect those who are interrogated in an official capacity. Basically, in all these jurisdictions, the police can interrogate a person without reading his rights to him, but as soon as the person is involved in a detention interrogation and is not free to leave, his rights must be clarified.
Custody interrogation can involve a number of different interrogation tactics. Law enforcement officials, however, may not threaten or coerce a person into making a confession during such an interrogation, and may not physically harm or threaten a person being interrogated. Safeguards are normally in place and investigations are normally videotaped and/or observed by other law enforcement agencies to ensure the rights of the person questioned are protected. If a person’s constitutional rights are violated in any way during an interrogation, evidence obtained during the interrogation may not be introduced into the trial.
Protect your devices with Threat Protection by NordVPN
