What constitutes "interrogation" in a criminal case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Thierman, 678 F.2d 1331 (9th Cir. 1982):

Interrogation includes not only express questioning by police but also its functional equivalent, i.e., "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect." Rhode Island v. Innis, 446 U.S. 291, 301, 100 S.Ct. 1682, 1690, 64 L.Ed.2d 297 (1979). Thus, police statements or actions constitute interrogation unless they were either not reasonably likely to elicit an incriminating response or normally attendant to arrest and custody. 3

Page 1335

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