Legal Question in Criminal Law in New Jersey

Re: in custody

Custodia interrogation begins at that point that the police decide to restrain you movements, when it is known that you are not free to leave.

It is not always an easy thing to interpret. Typically, the officer is asked while testifying whether the person who gave a statement was free to leave.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: in custody

You asked if before a custodial interrogation begins, one has to be placed under arrest. If you mean does one have to be told they are arrested, the answer is no.

This is a very interesting question, and I suspect there is far more to it. You must be concerned about custodial interrogation because it triggers the requirement for miranda warnings. In a nutshell, if is recognized that interrogation while in police custody is inherlently cooercive. Our constitution has been interpreted to require anyone who speaks to police in such a situation to be advised they they need not give a statement, and that they have a right to a lawyer.

There are scores, if not hundreds of cases about what constitutes custodial. It need not be inside a police station. A defendant need not told they are under arrest. While a routine motor vehicle stop doesn't trigger Miranda - "Sir did you know you were going 75 in a school zone?" - when the cop has you out of the car, asking you about the stuff in your trunk, he better read you your rights.

This isn't easy stuff, even for lawyers. Get yourself a good one.