Non Custodial Interrogation (2024)

A non-custodial interrogation is a type of police questioning where an individual is not in police custody. In other words, the person is free to leave at any point during the interrogation. The law does not require the police to provide a Miranda warning before a non-custodial interrogation because the person is not being “deprived of their freedom” in a significant way.

What is Police Custody?

Police custody refers to the condition in which the police hold a person when their freedom of movement is significantly restrained or when they are not free to leave. This can happen after an arrest or during a situation where a reasonable person would believe that they are not free to leave.

The main difference between custodial and non-custodial interrogation lies in the freedom to leave. In a custodial interrogation, the person is under arrest or otherwise not free to leave, whereas in a non-custodial interrogation, they can leave at any time. Another important difference is that Miranda warnings are required before a custodial interrogation but not before a non-custodial one.

What Are Types of Police Interrogations Techniques?

1. The Reid Technique: This is a psychological approach. The interviewer first observes the suspect to establish a baseline behavior, then poses questions designed to elicit reactions that indicate deception.
2. Good Cop/Bad Cop: This is a psychological tactic where one officer appears sympathetic and understanding while the other seems aggressive and accusatory. The suspect may be more likely to confess to the “good cop.”
3. Peabody Approach: This method involves building rapport and developing trust with the person being questioned, using open-ended questions to elicit more information.
4. Inbau, Reid, and Buckley Method: This is a nine-step method that focuses on psychological manipulation. It includes techniques such as making the suspect comfortable, confronting them with evidence of their guilt, and offering moral justifications for their crime.

The importance of Miranda rights cannot be overstated in police interrogations. These rights, outlined in the U.S. Supreme Court case Miranda v. Arizona (1966), must be read to a person in custody before interrogation to protect their Fifth Amendment rights against self-incrimination and their Sixth Amendment right to counsel.

How to End a Police Interrogation?

To end a police interrogation, you can state that you wish to remain silent or that you want an attorney. Once these rights are invoked, the police must stop questioning.

The right to remain silent or request an attorney can be invoked at any time during the interrogation. It is typically best to do so as early as possible to ensure that your rights are protected.

However, any request to remain silent or refusal to answer specific questions can’t be used against you in a court of law. This protection is ensured under the Fifth Amendment of the U.S. Constitution, which protects people from self-incrimination.

What Are Some Legal Interrogation Techniques?

Here are a few legal interrogation techniques:

Information Gathering

This technique focuses on building rapport and using open-ended questions to gather as much information as possible.

For example, an investigator might ask a suspect to recount their activities on a particular day. The investigator is friendly and non-threatening, attempting to get the suspect to provide as many details as possible to either confirm or deny their involvement in the alleged crime.

The Reid Technique

This is a psychological technique designed to pressure suspects to reveal the truth. It involves creating stress, analyzing verbal and non-verbal cues, and using strategic questioning.

Suppose a person is suspected of theft. An investigator using the Reid technique might tell the suspect they have evidence linking them to the crime (even if this is not the case) and observe their reaction to this pressure. The suspect’s verbal and non-verbal responses would then be analyzed to assess their truthfulness.

The PEACE Method

This is a non-accusatory approach that stands for Preparation and Planning, Engage and Explain, Account, Closure, and Evaluation.

A detective might start by planning out the interview, researching the suspect’s background, and familiarizing themselves with the evidence. They would engage the suspect in a conversation about what occurred, asking the suspect to account for their actions. After gathering all information, they would provide a summary or closure and then evaluate the information obtained.

Good Cop/Bad Cop

While seen as controversial by some, this technique is legal and involves two interrogators taking on opposing personas – one supportive and the other aggressive.

If two detectives were questioning a suspect about a serious crime, one might aggressively accuse the suspect and display frustration or anger (bad cop). The other might intervene, seeming sympathetic, and try to convince the suspect that it would be in their best interest to confess to the “good cop.”

What Are Some Illegal Interrogation Techniques?

Here is an outline of some illegal interrogation techniques:

Physical Coercion or Torture

Physical harm or the threat of physical harm is strictly illegal in most jurisdictions, including the United States.

For instance, an officer might physically assault a suspect during an interrogation or use torture techniques like waterboarding to force a confession. Both of these actions are illegal.

Psychological Manipulation

This can include tactics that involve extreme emotional manipulation, such as threats, severe deception, or the promise of leniency in exchange for a confession.

An example might be an investigator falsely telling a suspect that they have undeniable proof of their guilt and that confessing is the only way to avoid the death penalty. This kind of extreme psychological pressure can cross legal lines.

Denial of Rights

Failing to advise a suspect of their rights (e.g., Miranda rights), and refusing to allow them to remain silent or to see a lawyer, is illegal.

An officer might refuse to stop an interrogation after a suspect has requested an attorney, or they may neglect to read a suspect their Miranda rights before questioning begins. Both of these are examples of the denial of rights.

Inhumane Conditions

Holding suspects in conditions that could be considered cruel or unusual punishment is also illegal.

This could involve holding a suspect in a freezing cold or excessively hot room, depriving them of food, water, or sleep, or not allowing them to use restroom facilities. Such conditions are considered inhumane and are not legally permitted during interrogations.

What Are the Consequences of an Illegal Interrogation?

The consequences of an illegal interrogation can be severe. If evidence is obtained through illegal means, it may be excluded from being used in court under the “exclusionary rule,” which could lead to the dismissal of charges. In some cases, the police officers involved in the illegal interrogation could face legal and professional consequences, such as charges of misconduct, lawsuits, or loss of their job.

Do I Need a Lawyer for Issues Associated With Police Interrogation?

If you or someone you know is facing police interrogation, it’s crucial to have legal representation to ensure your rights are protected. A criminal defense attorney can advise you on how to navigate the process, protect you from illegal interrogation tactics, and potentially mitigate any charges against you.

If you don’t have a criminal lawyer, you can find a qualified one through LegalMatch, which connects you with lawyers in your area based on the specifics of your case.