Legal Definitions - investigatory interrogation

Investigatory interrogation is a type of questioning that police use to gather information about a crime. It can be either custodial or noncustodial.

When a person is arrested or detained, the police may question them about the crime they are suspected of committing. This is called custodial interrogation. The police must give the person their Miranda rights before questioning them. Miranda rights include the right to remain silent and the right to an attorney.

Example: The police arrest John for stealing a car. They take him to the station and question him about the crime. Before questioning him, they read him his Miranda rights.

When a person is not in custody, the police may still question them about a crime. This is called noncustodial interrogation. The police do not have to give the person their Miranda rights before questioning them.

Example: The police go to Jane's house to ask her about a robbery that happened in her neighborhood. Jane is not under arrest and can leave at any time. The police question her about what she saw.

It is important to note that during any type of interrogation, the police cannot use tactics that would force a person to incriminate themselves. This is protected by the Fifth Amendment of the United States Constitution.