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Non custodial interrogation: Where does the law draw the line?

| Jul 19, 2021 | Uncategorized

Non-custodial interrogation is an informal interview that is provided by the police to a suspect, witness or person of interest. This interrogation is necessary to collect information about someone who is not officially declared to be a suspect. The police, prosecutors, judges and juries in Pennsylvania must follow laws that specify what are considered to be constitutional or unconstitutional interrogations.

Overview of the Fourth Amendment

The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures and sets legal restrictions for search warrants. A judge must issue the warrant, justify its probable cause and include specific details about the seizure.

Miranda rights

In U.S. law enforcement, police officers must state Miranda rights to inform individuals who they are arresting of their legal rights. Criminal defense includes rights that prevent suspects from giving incriminating evidence about themselves when they do not have to.

During a non-custodial interrogation, the Miranda rights do not need to be stated. However, when a person’s rights are not announced, police officers are more likely to violate them while collecting information.

What are your rights?

A non-custodial interrogation is not a formal police interrogation. The person being interviewed is not officially in custody and can refuse to answer the questions or leave at any time. On the other hand, a police officer who is not in uniform has the right to see a person’s identification without showing his or her own ID.

There are certain myths about the validity of police interrogations and Miranda rights. The police are not required to “read you your rights” every time they want to ask questions. A witness at a car crash doesn’t have his or her rights read. Even so, they still have to perform non-custodial interrogations within the scope of the law. If you feel that your Fourth Amendment rights have been violated, a criminal defense lawyer is available to provide assistance.