Legal Commentary: Place of Interrogation, Oregon v. Mathiason, 429 US 492 (From Crime to Court: Police Officer's Handbook, P 17-19, 1990, Joseph C Coleman)

• NCJ Number: 121265
• Author(s): J C Coleman
• Date Published: 1990
• Length: 3 pages
• Corporate Author: South Carolina Criminal Justice Acad
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Article accompanies monthly continuing education television program for law enforcement officers

Annotation

This summary of case references delineates more clearly the difference between investigative interrogation and custodial questioning with relation to Miranda rights.

Abstract

Characteristics of noncustodial interrogation are absence of formal arrest or advice that the suspect is free to refuse to answer. Questioning in the workplace is not necessarily noncustodial; questioning at the police station is not necessarily custodial. Misrepresentation of the purpose of an investigation does not necessarily make the suspect's consent invalid, but it could be considered evidence of coercion. Glossary included.