What does it mean when someone says that the police took the suspect into custody? There are a number of factors that courts use to determine whether a person is in custody. Why is this important? Miranda warnings must be given if a suspect is questioned while in custody. If the warnings are not given, the suspect’s answers cannot be used at trial. The factors as set forth by the United States Supreme Court in Rhode Island v. Innis, 446 U.S. 291 (1980), are as follows:
- Did the person feel free to leave at that location (home vs. police station);
- Was the person a suspect at the time the questioning began;
- Was the person’s freedom to leave restricted in any way;
- Was the person handcuffed or told he or she was under arrest;
- Were threats made during the questioning;
- Was the person physically intimidated during the questioning;
- Did the police verbally dominate the questioning;
- What was the person’s purpose for being at the place the questioning took place;
- Were neutral parties present at any point during the questioning;
- Did the police try to overpower, trick or coerce the person into making a statement.
Utilizing these factors, improper questioning without Miranda warnings while the suspect is in custody can be challenged with a motion to suppress. This is because Miranda warnings must be given during a custodial interrogation. In the right circumstances, getting the confession thrown out can seriously impair the State of Ohio’s case against the suspect. To read more about criminal law issues, click on my other criminal law articles: what happens when the Ohio police did not read me my rights, can the police make me talk, can Ohio police pull you over for nothing, how someone else can get you pulled over in Ohio, should I consent to a search in Ohio, can Ohio police follow me into my home, Ohio police gather evidence against you while helping you, skipping out on bond in Ohio extends the statute of limitations for crimes, you have no right to your garbage in Ohio, and the police pulled you over—now what. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section. Attorney Gigiano is a Medina suppression of evidence attorney in Wadsworth, Ohio. If you have questions about this or other questions you need answered by an experienced Wooster suppression of evidence lawyer near Orrville or Akron suppression of evidence attorney near Barberton, please call Attorney Daniel F. Gigiano at 330-336-3330. Attorney Gigiano has tried an untold number of motions to suppress, many of them in Medina County, Summit County and Wayne County. Such motions have, in many instances, resulted in dismissals and acquittals. As a result of his hard work and dedication, Daniel Gigiano’s reviews in numerous websites are well-received, and his work is documented in several articles and links.