Custodial Interrogation

Custodial interrogation is law enforcement's questioning of an individual who has been arrested or has had his freedom restrained in a manner significant enough to require that he be advised of his constitutional rights. Once an individual is in custody, the police must read him his “Miranda Rights” (the right to remain silent, to have an attorney present, etc.) prior to questioning him. If the police fail to do this, the defendant can move to have anything he said during the questioning suppressed (kept out of evidence).