A person is considered to be in custody when they are deprived of their freedom in a significant way. Which option best completes this statement?

• A. They are deprived of their freedom in a significant way
• B. They are free to leave at any time
• C. They are only temporarily detained for questioning
• D. They are given a citation and released

Answer: (A)

Custody happens when a person’s freedom of movement is significantly restricted by police, so they’re not free to leave. This is the point at which formal rights, like warnings under Miranda, often come into play because the person is no longer in a voluntary encounter.

The statement is best completed by saying they are deprived of their freedom in a significant way, because that captures the defining feature of custody—the substantial restriction of liberty. If someone is free to leave at any time, they aren’t in custody. A temporary detention for questioning can be custody in some cases, but the clear, direct criterion is the significant deprivation of freedom. If a citation is given and the person is released, that typically indicates no custody.