Define custodial interrogation for purposes of Miranda.

• A. Interrogation conducted while the suspect is restrained and deprived of freedom of action in a significant way.
• B. Interrogation conducted during a routine traffic stop when the suspect has not been Mirandized.
• C. Interrogation conducted in a public place with no custody.
• D. Interrogation conducted after the suspect requests counsel but before counsel is provided.

Answer: (A)

Custodial interrogation means questioning by police after the person has been taken into custody or deprived of freedom of action in a significant way. The key is that a reasonable person would feel not free to leave under the circumstances. When someone is restrained or otherwise not free to terminate the encounter, and the police then ask questions or engage in conduct likely to elicit an answer, that triggers Miranda protections. In such a setting, the warnings must be given before any questioning to protect the person’s right against self-incrimination. Scenarios where there’s no custody—such as an informal public-place interview or a routine traffic stop where the person remains free to leave—don’t automatically become custodial interrogation.