An interrogation is the direct questioning of a person under conditions which are partly or fully controlled by the questioner. A police interrogation involves persuasion, influence, and trickery with the goal being to obtain a confession or at least an admission of anything that would implicate the suspect in criminal behavior.
An interrogation can occur at the police station, in jail or at the scene of a crime. There are two types of police interrogations:
A non custodial interrogation can be ended by leaving. If the police do not allow the person to leave, then the interrogation has changed from a non custodial interrogation to a custodial interrogation. A custodial police interrogation may be stopped by:
But after either request, if the suspect initiates conversation, then any statements made may be used against the suspect as evidence at trial.
Information that is voluntarily disclosed to the police is generally admissible at trial. To elicit voluntary statements, the police may:
In trying to elicit information from a suspect, the police are not allowed to:
Evidence obtained directly as a result of an illegal interrogation cannot be used in court as evidence against a defendant. In addition, evidence that would not have been obtained but for the illegal interrogation may also be inadmissible at trial.
If you are accused of a crime or have been interrogated, you should speak to a criminal lawyer immediately to learn more about your rights, your defenses, and the complicated legal system.
Last Modified: 07-29-2013 03:17 PM PDTLaw Library Disclaimer
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