When a Suspect is Not Arrested: Is It an Interrogation or an Interview?

The distinction between an interrogation and an interview can often be blurry, especially when dealing with suspects who have not been arrested. While the conversation topic can play a significant role, there are several factors that determine whether a situation constitutes an interrogation or merely an interview.

The Nature of the Conversation

The nature of the conversation is a critical factor in determining whether it is classified as an interrogation or an interview. If the purpose of the conversation is to obtain a confession or incriminating information, it is classified as an interrogation. Conversely, if the primary goal is to collect information without the intent to prosecute, the conversation is typically considered an interview.

Interview vs. Interrogation: Key Differences

When considering whether a conversation is an interrogation, there are key differences to be noted:

Interview

During an interview, the subject is generally free to leave at any time and does not face any form of direct pressure or coercion. The primary focus is on gathering information rather than obtaining a confession. The subject often talks more than the interviewer, and no specific legal requirements are typically imposed.

Interrogation

In contrast, an interrogation often involves a more aggressive and structured approach. It is usually conducted in a custodial setting where the subject is not free to leave. Miranda rights must be read, and there is a higher level of control and potential for coercive tactics by law enforcement.

Miranda Rights and Custody

It is important to note that the presence or absence of Miranda rights is a key indicator of whether a conversation is an interrogation. If the suspect is in custody or has a reasonable belief that they are in custody, they are entitled to the pre-interview rights. These rights include the right to a lawyer and the right to remain silent.

Even if a suspect is not formally under arrest, an interrogation might be deemed as such if the individual believes they are in custody. For example, while the police are not required to give Miranda warnings in non-custodial interviews, if the subject feels they are in custody, they have the right to invoke their Miranda rights and demand a lawyer.

The Potential for Interrogations Before Arrest

There can be situations where an interview turns into an interrogation before an arrest occurs. This can happen if the subject is detained but not yet arrested. Law enforcement might detain a suspect so they cannot leave, but still not require the full set of Miranda warnings. However, once the subject is formally arrested, Miranda warnings must be given, and the interrogation becomes a custodial interview.

Preparation for Interrogation

Law enforcement often conducts pre-interviews to gather information before formally arresting a suspect. They may request various forms of evidence, such as phone records, GPS data, talking to friends and family, bank records, and surveillance footage from the crime scene. This information helps build a stronger case and provides a more complete picture for the interrogation that follows.

Conclusion

While the classification of a conversation as an interrogation or an interview can vary based on the conversation's nature, the primary factors include the level of control, the setting, and the Miranda rights applicable to the situation. Understanding these differences is crucial for both suspects and law enforcement to ensure that legal rights are respected and followed.

For those facing potential legal issues, it is essential to be aware of their rights and to consider the advice of a legal professional to navigate such situations effectively.