What is a key characteristic of non custodial interrogation?

A key characteristic of non-custodial interrogation is that the suspect is free to leave at any time. This distinction is crucial in understanding the dynamics of interrogations. In a non-custodial setting, law enforcement officers do not have the suspect in a position where they are deprived of their freedom in a significant way, which means there is no legal obligation for the suspect to remain present. This allows for a more voluntary interaction, where the individual can choose to walk away, enhancing the suspect's sense of agency during the discussion.

The freedom to leave also impacts the overall atmosphere of the interrogation, often making it less intimidating and more open, which can influence the suspect's willingness to engage in conversation. This characteristic underpins the legal framework regarding when Miranda rights need to be read; they are only required in custodial situations where the suspect's freedom is significantly restricted.