Custody

Question 1

When is a person in custody?

Answer 1

Factors from U.S. v. Brown

This is a totality of the circumstances test. Whether the police tell a person they are free to leave or terminate the encounter is the weightiest factor. Other factors include:
1. Free to leave/terminate
2. Whether movement was restrained
3. Whether the suspect initiated contact with the police or voluntarily answered questions.
4. Coercive/deceptive tactics by the police
5. Whether the atmosphere was police dominated.
6. A person is in custody if they are arrested. Orozco.

Question 2

Is a mandatory meeting with a probation officer custody?

Answer 2

No. Murphy.

Question 3

Are Terry stops custody?

Answer 3

No. Berkemer.

Question 4

Impact of Custody on Miranda Defective Statements

Answer 4

Miranda held that statements obtained from a suspect in custody are inherently coerced. Therefore, to be admissible, these statements must be preceded by Miranda warnings. However, if a suspect is not in custody, the premise of Miranda does not apply. They do not need to be given Miranda warnings.