Custodial interrogation implies that an authority (police, corrections) conducts an interview with an subject which is of interest to their investigation with the condition that the subject is not free to go on his or her own volition. The subject may be an inmate in a correctional institution or may be held as a material witness.
The term "custodial interrogation" implies that the police are conducting an investigatory interview and that the subject who they are interviewing, is probably their suspect, and is not free to leave.
Yes. A Miranda warning is only necessary before a custodial interrogation. A photograph is not an interrogation.
True
The two components needed for the Miranda warning to take effect are custodial interrogation and the individual being in police custody. Custodial interrogation refers to questioning that occurs when a person is in police custody and the freedom of movement is restricted. The Miranda warning must be given to the individual before any interrogation takes place while they are in police custody.
In California is questioning by a police officer in your home and the restriction of movement by statements of "you may not smoke", "do not get up", "do not go outside", "you can not speak to them", custodial questioning or arrest?
As a general statement the above question is a true answer.
Unless your state has some special regulation, no. Miranda warnings are specific to custodial interrogation.
The Miranda Rights have nothing to do with a search or seizure. The Miranda Rights are only read prior to a custodial interrogation, which a search and/or seizure is not.
No. A Miranda rights warning is only necessary prior to a custodial interrogation. If the officer is not questioning the suspect then no warning is necessary.
Contact an attorney. Whether or not he was given his rights isn't material to the warrant or arrest. A person needs to be advised of their right before any custodial interrogation or any statements (and their fruit) may be excluded from court. If it was 15 months between the investigatory interview and the arrest then the original interview was probably not a 'custodial interrogation.'
The Interrogation was created on 1967-02-03.
Resisting Enemy Interrogation was created in 1944.