What does "custodial interrogation" refer to?

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Custodial interrogation refers specifically to the questioning of a person who is in custody, meaning they have been formally arrested or are not free to leave. This premise is essential in understanding the legal significance of custodial interrogation, as it triggers certain rights for the individual being questioned, such as the right to have legal counsel present and the right against self-incrimination.

When a person is under arrest, they may experience a level of coercion and pressure that differs from questioning in situations where they are free to go. The environment of custodial interrogation is typically controlled by law enforcement, and the individual may not feel they can decline to answer questions. This legal principle is critical in law enforcement practice and is rooted in the Miranda rights established by the Supreme Court in the landmark case Miranda v. Arizona. Understanding this concept helps law enforcement professionals ensure that they uphold constitutional protections for individuals during interrogations.

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