interrogation

In criminal law, the process of questions propounded by police to person arrested or suspected to seek solution of crime. Such person is entitled to be informed of his rights, including right to have counsel present, and the consequences of his answers. If the police fail or neglect to give these warnings, the questions and answers are not admissible in evidence at the trial or hearing of the arrested person. Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.

As conceptualized in the Miranda decision of the United States Supreme Court, constitutionally protected interrogation must reflect a measure of compulsion above and beyond that inherent in custody itself. Rhode Island v. Innis, R.I., 446 U.S. 291, 100 S.Ct. 1682, 1688, 64 L.Ed.2d 297.

See also confession

- custodial interrogation

- Exclusionary Rule

- investigatory interrogation

- Miranda Rule.

@ custodial interrogation

Custodial interrogation, within Miranda rule requiring that defendant be advised of his constitutional rights, means questioning initiated by law enforcement officers after person has been taken into custody or otherwise deprived of his freedom in any significant way; custody can occur without formality of arrest and in areas other than in police station. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694; Brewer v. Williams, 430 U.S. 387, 97 S.Ct. 1232.

See interrogation

- Miranda Rule

+ custodial interrogation

Questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.

@