Police Custody

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Most Common Defense and Criminal Law Issues

What Determines If a Suspect Is in Police Custody?

Custody occurs when someone is arrested, or under other circumstances where the suspect submits to the authority of a police officer. In making the determination of whether a suspect is in custody, a court looks at the circumstances of the custody, not the opinions of either the person being questioned or the officers.

Ultimately, every relevant circumstance surrounding the situation will play a role in determining custody. Common factors include:

Importance of Police Custody

If a suspect is not informed of his Miranda rights while in police custody, any evidence obtained through police questioning may be inadmissible in court. For example, if a suspect is in police custody, and an interrogation occurs without the suspect being read Miranda rights, and the defendant confesses to the crime, the confession may be inadmissible in court against the defendant because of the failure of the police to read the suspect his Miranda rights.

What Can You Do if You Are Accused of a Crime?

If you are accused of a crime, you should speak to a criminal defense lawyer immediately to learn more about your rights, your defenses, and the legal system.

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Last Modified: 08-21-2014 12:44 PM PDT

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