interrogation, n. The formal or systematic questioning of a person; esp., intensive questioning by the police, usu. of a person arrested for or suspected of committing a crime. • The Supreme Court has held that, for purposes of the Fifth Amendment right against self-incrimination, interrogation includes not only express questioning but also words or actions that the police should know are reasonably likely to elicit an incriminating response. Rhode Island v. Innis, 446 U.S. 291, 100 S.Ct. 1682 (1980). — interrogate, vb. — interrogative, adj.
custodial interrogation. Police questioning of a detained person about the crime that he or she is suspected of having committed. • Miranda warnings must be given before a custodial interrogation. [Cases: Criminal Law 412.1(4). C.J.S. Criminal Law §§ 897–898, 900, 904.]
investigatory interrogation. Routine, nonaccusatory questioning by the police of a person who is not in custody.
noncustodial interrogation. Police questioning of a suspect who has not been detained and can leave at will. • Miranda warnings are usu. not given before a noncustodial interrogation.
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