Which scenario best describes custody during police questioning?

• A. A person is handcuffed and transported to a secure location or otherwise deprived of freedom
• B. The person is simply asked routine questions at a traffic stop
• C. The person is released with a citation
• D. The person is not aware of any law enforcement contact

Answer: (A)

Custody means you’re not free to leave and you’re under police control. The described scenario—being handcuffed and transported to a secure location or otherwise deprived of freedom—clearly shows a loss of freedom and authoritative restraint, which is what custody assesses. When someone is in custody, statements during questioning are subject to the usual rules about interrogation and, typically, Miranda warnings. The other situations represent less restrictive encounters: routine questions at a traffic stop may not be custodial if you’re still free to leave, being released with a citation isn’t custody, and not knowing you’re in contact with police doesn’t establish the level of control needed for custody.