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Define 'custodial interrogation' for Miranda purposes, detailing the specific criteria that must be met for Miranda rights to apply.



For 'Miranda' rights to apply, a suspect must be subjected to 'custodial interrogation'. 'Custody' in this context means that a reasonable person would not feel free to leave. This is an objective standard, considering the totality of the circumstances surrounding the questioning. Factors considered include the location of the questioning, the length of the interrogation, the number of officers present, and the degree of restraint placed on the individual. A person can be considered in custody even if they are not formally arrested. 'Interrogation' refers to express questioning or any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect. This definition extends beyond direct questioning to include psychological ploys or tactics that are designed to persuade a suspect to confess. Not every question asked by law enforcement constitutes an interrogation. Routine booking questions, such as name and address, are generally not considered interrogation. If a person is in custody but not being interrogated, 'Miranda' rights do not need to be read. Similarly, if a person is being interrogated but is not in custody, 'Miranda' rights are not required. Both custody and interrogation must be present for 'Miranda' to apply. For example, a person questioned during a traffic stop is typically not considered in custody because the stop is brief and the person is free to leave after receiving a ticket. Therefore, 'Miranda' warnings are not required. However, if that same person is then handcuffed, placed in the back of a patrol car, and subjected to questioning about drug trafficking, they are now in custody, and if that questioning is reasonably likely to elicit an incriminating response, 'Miranda' warnings must be given before the questioning begins.