Custody is defined as a circumstance in which a suspect is deprived of
his freedom in any significant way or is led to believe, as a reasonable
person would be, that he or she has been so deprived. When the police
take someone into custody, the person must be advised of his or her constitutional
rights (“Miranda Rights”) prior to any kind of interrogation.
For the purposes of
Miranda, custody means that the subject / suspect has been formally arrested or
a restraint on his or her freedom of movement has occurred to a degree
associated with a formal arrest. Custody can also mean to take immediate
possession and control of it. For example, if the police discover a stolen
piece of art in an
airport locker, they will take custody of it.