What Is Custodial Interrogation?

As we have stated, Miranda prevents people from providing self-incrimination evidence against themselves in certain situations. These situations occur when someone is being interrogated while they are in custody. Over the next several blog entries, we will examine what is custody and what is interrogation.

Interrogation, generally refers to those words and actions by the police or law enforcement which are reasonably likely to provoke a response that is reasonably likely to elicit an incriminating response. What does this mean?

At first blush, it means that those words and actions that are not likely to elicit an incriminating response are not considered to be interrogation. The rationale for this is that courts are not going to hold police responsible for the "unforeseeable results of their words or actions."

In other words, the conduct of the police officer must indicate that there is a compulsion that goes beyond the normal stress of being in custody. The courts look at whether there are "any compelling influences" that cause the suspect, in custody, to make an incriminating statement.

If you have been charged with a violent crime, contact a Plano criminal defense lawyer today.