Fifth Amendment -- Custody Flashcards
When is a D in custody?
A defendant is in custody when a reasonable person in the D’s position (not the D himself) would have thought that he had been deprived of his freedom in some SIGNIFICANT way.
Take into consideration:
- Age of minor – so long as the age of the child was KNOWN to the O or was OBJECTIVELY APPARENT to any reasonable offer.
- TOC
- FORMAL ARREST always == CUSTODY.
- O’s subjective intent is IRRELEVANT to assessing whether D in custody.
What are specific considerations relevant to whether a D is in custody?
Are they forcefully being moved from one place to another?
Are they in prison?
Are they in their home?
Can a D be in custody in his home?
Yes, a person can be considered in custody and subject to interrogation even in his own home.
Is someone in custody when they are voluntarily at the police station?
No, he was there by his own choice even though the O suggested he goes to the police station.
Not considered custody.
Do police need to give Miranda warnings at all traffic stops?
No, a person pulled over for a traffic stop is not typically in custody or under arrest.
Does age matter when assessing whether the suspect is in custody?
Yes, courts consider age.
If parents compel 17 y/o to go to the police station they are not in custody.
Per, J.D.B., children can only expressly waive Miranda Rights. Moreover, if age of child is objectively apparent to police officer, then they are more likely to feel as if they are in custody.
Are probationers in custody when speaking to probation officer?
No, someone speaking to his probation officer is not considered in custody.
In CA, however, when a probation officer evaluates a Ds pre-trial / pre-plea, they must read Miranda warnings.
