What Is Custody As Miranda Is Considered?

We have been addressing whether there is custodial interrogation for purposes of Miranda. We will now examine whether someone is in custody for purposes of Miranda. There are several factors to examine whether someone is in custody, assuming that the other prong-interrogation-is met.

These factors are (1) the language used to invoke a response; (2) the physical surroundings of the interrogation; (3) whether the inmate is confronted with the evidence of his guilt; (4) additional pressure that is exerted on the inmate in addition to the custody; and (5) whether the inmate is free to leave the scene and the purpose, place, and length of the questioning.

Courts have held that even when a person is placed in handcuffs does not necessarily constitute "arrest" or "custody" that will give rise to the need for Miranda warnings. Along with this, the request for a blood draw is neither interrogation or custody.

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