It´s for a translations I´m working on, therefore harder since the law has different names in different languages, but I need a full explanation of the meaning of "noncustodial setting".
The detective bumps into a guy who was charged and released on absence of evidence and later uses their chat to arrest him again. Whats the noncustodial setting here? The fact that they bumped into each other in a coffee shop? Or the fact that he didnt ask direct questions? Or yet that he was arrested on different charges? First charge was obstruction, second some misdemeanor? HELP! (The guy is not a criminal and the cops are only trying to arrest him to force him to say who is responsible for a murder)
Thanks
2007-11-27 10:52:36 · 2 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Simply put, a non custodial setting is anyplace or time when the person being questioned has a right to walk away.
So, you bump into a cop on the street, or anyplace else, it is non custodial. Another example would be a phone call, because you can hang up at any time, it is non custodial
If you are under arrest or being detained, and legally cannot walk away then you are in a custodial setting.
2007-11-27 14:11:33 · answer #1 · answered by joseph b 6 · 1⤊ 0⤋
Non-custodial setting is anything that happens outside the formal investigation in the police headquarters.
2007-11-27 19:51:35 · answer #2 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋