Citing relevant cases, distinguish between custody and interrogation, for Miranda purposes
What will be an ideal response?
A person is clearly in custody once they have been arrested, but what about a lesser intrusion? Unfortunately, there is no easy answer to this question. In determining whether a person is in "custody," the Supreme Court has held that "the only relevant inquiry is how a reasonable man in the suspect's position would have understood his situation" (Berkemer v. McCarty, 468 U.S. 420 [1984]). The question of whether a person is in custody for Miranda purposes has been considered in a number of contexts.
Miranda defined interrogation as "questioning initiated by law enforcement officers."
Then, in Rhode Island v. Innis, 446 U.S. 291 (1980), the Court noted that interrogation "must reflect a measure of compulsion above and beyond that inherent in custody itself." Thus, any questions that tend to incriminate—that is, those that are directed toward an individual about his or her suspected involvement in a crime—are considered interrogation.
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O. W. Wilson is considered the "father of American policing."
a. True b. False Indicate whether the statement is true or false
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