Many police interrogations begin informally. You may be asked to come into the station “just to talk,” or approached in a setting that feels less official. That can make it difficult to know whether you are free to leave.
The answer depends on whether the interaction is voluntary or custodial.
What is the difference between voluntary and custodial encounters?
A voluntary encounter means you are not under arrest and are free to leave at any time. Officers may ask questions, but you are not required to answer. A custodial interrogation occurs when your freedom is restricted and you are being questioned by law enforcement. In that situation, you are entitled to broader legal protections. For that very reason, the police prefer to ask questions in voluntary interrogations.
The challenge is that the line between these two situations is not always clear. Research has shown that many people do not feel free to leave an interrogation room even when the door is open or they have previously been told they can leave. The setting, tone and pressure of the situation can make a voluntary encounter feel anything but voluntary.
Many cases are built, in part, on statements made during police questioning. People often continue answering the questions police pose because they feel pressure to cooperate or do not realize they can leave. The authorities count on the psychological aspects of the situation to encourage talkativeness. Understanding your right to walk away and your right to remain silent can help you avoid making statements that may later be used out of context.
How do you handle this situation when you aren’t sure? Ask directly, saying, “Am I being detained, or am I free to leave?” This question forces the police to clarify the situation. If you are told you are free to leave, do so. If you are not, invoke your right to remain silent and call an experienced criminal defense attorney. They can help you understand your rights and protect your position moving forward.
