Any situation in which you are interacting with police officers can be at least a little scary and intimidating. Chances are, this is not a regular occurrence for you, and you may not know exactly what your rights are in regard to your freedom to walk away from the authorities.
It is within your rights, as affirmed by the U.S. Supreme Court, that you are required to be read your Miranda Rights in Maine before you are subjected to custodial interrogation.
What is custodial interrogation in Maine?
Custodial interrogation is, essentially, a situation in which you have been deprived of a significant amount of freedom of action. If you are handcuffed and arrested, then that is a clear indication that you are in law enforcement custody. Other times, it’s not as clear.
This blog will take a look at some factors that courts look at to determine if someone was in custody while being interrogated.
This matters because if you were not read your Miranda Rights while in custody, then statements you made may not end up being admissible in court.
Factors considered when being interrogated by police when in custody
Courts evaluate factors like the level of restraint, the environment of the questioning, and whether a reasonable person would feel free to leave to determine if someone is in custody during police interrogation.
Did the police make it clear that the interview was voluntary?
Whether or not the authorities verbally clarified the interrogation as optional in their statements to you is a significant factor in determining custodial interrogation.
Did you have freedom of movement, during and after interrogation?
Another aspect that goes to determining whether or not questioning is considered custodial is the ability for you to move around. Having on shackles or handcuffs, or being locked in a room, is a factor that would likely go in favor of deciding that the interrogation was indeed custodial.
What was the setting of the interrogation?
The level of familiarity you had with the exact location of your questioning is something a court would scrutinize in determining whether or not custodial interrogation took place. The police station or the back of a police car is almost always a more coercive environment than, say, the front porch of your home.
How was the interrogation initiated?
A police officer approaching you and forcefully requesting to come with him to another location would certainly suggest custodial interrogation. On the other hand, your approaching an officer for initial contact would suggest otherwise.
Why Custodial Interrogation Matters To You
In the investigation of a crime, police will gather evidence and speak to suspects and persons of interest. If police want to effect a situation in which someone being questioned is compelled to answer questions, as opposed to merely being asked, then officers must advise individuals of their rights. If it turns out that you were not given your Miranda warning before being subjected to custodial interrogation, then statements you made are usually not admissible.
However, there are some exceptions to this rule. To know whether or not your interrogation was handled properly by law enforcement, reach out to The Maine Criminal Defense Group today to get started with a pre-consultation into your case.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
Blog Posts
If you receive a traffic ticket in Maine, you may be facing far more than demerit points or an administrative penalty. You could be facing criminal sanctions and a permanent[...]
In Maine, disorderly conduct laws effectively make disturbing the peace a criminal offense. While disorderly conduct is considered one of the least serious offenses under Maine’s Criminal Statutes, it can[...]
Any criminal charge for a drug-related offense is a serious matter in Maine,but how consequential the outcomes can get may depend on whether the charge is filed at the state[...]
Self-defense laws in the U.S. are complex, vary from state to state, and are often misunderstood. “Stand your ground” laws allow an individual to use deadly force in self-defense in[...]
Every day in Maine, people are charged with crimes that they did and did not do. Fortunately, in the U.S., we have a justice system that says you’re innocent until[...]
Expungement is the practice of legally erasing or striking out documents or information relevant to criminal charges. It’s not possible to expunge a criminal record in Maine. However, other avenues[...]
Domestic violence cases can be some of the most challenging to deal with for everyone involved. Families with children can be thrown into turmoil with emotions running high. Many people[...]
If you have been arrested or are under investigation for a crime in Maine, it is crucial to retain the services of a competent and experienced criminal lawyer. A criminal[...]
Bail Code in Maine Title 15, Chapter 105 of the Maine Revised Statutes governs all issues pertaining to bail in Maine. When a defendant has been arrested and charged with[...]
