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custodial interrogation

Custodial interrogation refers to the questioning of a detained person by law enforcement officers in connection with a criminal investigation. A person is in custody when, under the totality of the circumstances , a reasonable person would not feel free to terminate the interrogation and leave, and the restraint is comparable to formal arrest , or whenever they are not free to leave for other reasons. For example, the U.S. Supreme Court has held that preventing a car owner from leaving for the purposes of obtaining their license and registration at a traffic stop can qualify as a detainment. See: Delaware v. Prouse, 440 U.S. 648 (1979) .

Since the U.S. Supreme Court decision in Miranda v. Arizona, 384 U.S. 436 (1966) , a custodial interrogation cannot occur unless the detaining officer warns the detained person of their Miranda rights . Any statements made by a detained person who was not warned of their Miranda rights are inadmissible in court. 

[Last reviewed in May of 2026 by the Wex Definitions Team
]

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