Custody

Introduction

When analyzing whether an individual's rights regarding confessions apply, i.e., whether a confession is in violation of a suspect's Fifth Amendment rights, it must be determined whether the individual was in police custody. If the suspect was not even in custody, then police officers are not required to read the suspect's Miranda rights. For example, if an officer asks a driver who had been driving erratically whether he has been drinking, because the question is prior to placing the individual in custody, an admission of recent alcohol consumption will not be invalid simply because the officer did not read the driver his Miranda rights prior to asking the question.

When determining whether a police officer's questioning was prior to or after placing an individual in custody, one must ask the question of whether a reasonable person would believe they were in custody. This is in stark contrast to the question of whether an officer believes the suspect is in custody. Stated otherwise . . .

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