MBE Rules · Criminal Procedure
Miranda — custody
Berkemer / Mathiason
The rule
Miranda custody exists when freedom of movement is restrained to the degree associated with a formal arrest — formal arrest or its functional equivalent. Seizure is not the same as custody: during a routine traffic stop or brief Terry stop the person is detained and NOT free to leave, yet these generally are NOT custody because they are brief, public, and less coercive than arrest (Berkemer v. McCarty). Voluntary station-house interviews are not custody when the suspect comes and goes freely (Oregon v. Mathiason).
In plain English
You're considered 'in custody' if you feel you can't just walk away from the police. A quick chat or traffic stop usually doesn't count, but being arrested does.
Worked example
Officer A pulls the defendant over for speeding and asks a few questions. The defendant feels free to leave after the stop, so it's not custody. If Officer A handcuffs the defendant and takes them to the station, that's custody.
Memory hook
Not free to flee? That's custody! If a reasonable person feels stuck, it's Miranda time.
The trap
Students think: any police interaction is custody. Wrong, because Miranda only applies if a reasonable person wouldn't feel free to leave. The actual test is whether there's formal arrest or its equivalent.
How examiners test it
MBE loves: suspect is questioned at the station but told they're free to go. Trap: assuming station = custody. Test: voluntary interview means no custody unless arrest-like restraints.
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