For purposes of Miranda warnings, when is a person considered in custody?

• A. When the officer believes the person has committed a crime.
• B. When the person has been formally charged.
• C. When the person is not free to leave due to police authority.
• D. When the person is interrogated in a public place.

Answer: (C)

Not being free to leave due to police authority defines custody for Miranda warnings. The test is objective: would a reasonable person in the suspect’s position feel they are not free to end the encounter and walk away? If yes, the person is in custody and Miranda warnings are required before any interrogation.

Why this matters here: merely believing the person has committed a crime doesn’t by itself create custody. Formal charging is not what determines custody. Interrogation in a public place isn’t automatically custodial either unless the police actually restrain the person or otherwise bar them from leaving. The crucial factor is the restraint on movement caused by police authority, not the location or whether charges have been filed.