When does Questioning become Interrogation?

If you will remember my recent blogs, I discussed the importance of keeping quiet - not stumbling into providing inculpatory statements to police during a traffic stop by answering question you are not required to answer. The question raised by many readers is when does investigatory questioning become an interrogation that requires Miranda warnings?

The law normally requires that Miranda warnings must be given when an individual is in “custody.” "Custody" for purposes of entitlement to Miranda rights exists only where there is a restraint on freedom of movement of the degree associated with a formal arrest. "Interrogation" is defined as 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.

Whether a person is in custody depends upon the facts and circumstances of each case. The test is whether, under the totality of the circumstances, a reasonable person would have believed that he was not free to leave.

A recent Ohio case exemplifies the fine line between custodial and non-custodial interrogation. The case of State of Ohio v. Feaster, involved an individual who was in the hospital being treated for multiple gun shot wounds. He was interviewed by police officers regarding the incident that caused his injuries. Subsequently, he was indicted on various felony charges. His attorney filed a motion with the court claiming he had not been given his Miranda warnings prior to his interrogation and, therefore, any statements he gave to the police should be suppressed.

The court denied the defendant’s motion. The court reasoned the interview was conducted without the presence of guards or the use of handcuffs and that the defendant understood what was happening and voluntarily engaged in the interview with the officers. The trial court also found that during the interview of the defendant "[he] was not able to go anywhere due to his own medical situation," not because of any action on the part of the officers. Therefore, the interview was not a custodial interrogation.

While in this writer’s opinion, this is a very narrow interpretation of custodial interrogation, it does point to the dangers inherent when agreeing to be questioned. In applying this case to an DUI/OVI arrest, many an arrest occurs subsequent to an accident while the injured is being treated by EMS or by hospital personnel. The court will look at the “totality of the circumstances” to determine whether questioning is custodial in nature or not. Anything you say might be used against you. Do you want to rely on the court’s interpretation? If the court uses the Feaster case as its precedent, I think not.