What does it mean for a person to be considered "in custody"?

A person is considered "in custody" when they are not free to leave and are under arrest, which together define the legal status of being in custody. Being under arrest typically means that a law enforcement officer has taken a person into custody through formal action, suggesting that there is a legal basis for restricting their freedom. However, there are also situations where a person may be in custody without formalities of an arrest occurring; this is reflected in the understanding that if a person is not free to leave, they are in a custodial situation.

This is significant in the context of legal rights and procedures, especially regarding the Miranda rights. If a person is in custody and subject to interrogation, they need to be informed of their rights to avoid self-incrimination. The presence of a request for a lawyer, while important in legal contexts, does not independently define custody; it is rather a response to being in a situation where one feels the need for legal representation, which often coincides with being in a custodial setting.

Inherent in the definition of "in custody" is both the condition of being under arrest and not being free to leave, making the choice that includes both these elements the most accurate reflection of what it means to be in custody.