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In United States criminal law, a custodial interrogation (or, generally, custodial situation) is a situation in which the suspect's freedom of movement is restrained, ...
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
Edwards v. Arizona, 451 U.S. 477 (1981), is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel, police must cease custodial interrogation. Re-interrogation is only permissible once defendant's counsel has been made available to him, or he himself initiates further ...
Howes v. Fields, 565 U.S. 499 (2012), [1] was a decision by the U.S. Supreme Court that an interrogation of a prisoner was not a custodial interrogation per se, and certainly it was not "clearly established federal law" that it was custodial, as would be required by the Antiterrorism and Effective Death Penalty Act (AEDPA).
Custodial police interrogation by its very nature "isolates and pressures the individual" so that he might eventually be worn down and confess to crimes he did not commit in order to end the ordeal. In Miranda, the Court had adopted the now-famous four warnings to protect against this particular evil. Congress, in response, enacted § 3501.
“The defendant’s statements were not obtained as a result of a custodial interrogation because some of her statements were made while Emergency Medical Services (EMS) personnel were treating ...
As Escobedo was questioned during a custodial interrogation, the result for him would have been the same. [7] [8] [9] In the years following the decision, Escobedo received 12 felony convictions, including federal charges of selling drugs. He was also convicted of taking indecent liberties with children.
"In essence, this money has been stolen from all of us for all these years," said an 84-year-old woman whose late husband's Social Security benefits were slashed. "It's not fair."