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 10:54:50 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
What the first guy said, but it also means that he wasn't being questioned in a place where he might have reason to believe that he was in custody, like a police station. If they asked him to come down to the station to answer some questions, that is a custodial setting; it has an intimidating effect on people (which is why they do that). A coffee shop is a neutral setting.
2007-11-27 11:38:14 · answer #1 · answered by Anonymous · 2⤊ 0⤋
"noncustodial setting" - He was not in custody or detained. As such, any statement made would be admissible even if the detective did not read him his Miranda rights.
http://en.wikipedia.org/wiki/Miranda_warning
2007-11-27 11:00:27 · answer #2 · answered by davidmi711 7 · 0⤊ 0⤋