What must occur for a suspect to be considered in "Custody" under Miranda rights?

For a suspect to be considered in "custody" under Miranda rights, the critical factor is that the suspect's freedom of movement must be restrained. This means that if a reasonable person in the suspect's position would feel they were not free to leave due to either physical restraints, the presence of law enforcement officers, or the overall circumstances of the interrogation, then custody is established.

The concept of custody is not dependent on formal charges being filed, nor does it require any intent from the suspect to leave. Additionally, mere surveillance of a suspect does not constitute custody, as the suspect must feel an actual limitation on their ability to walk away from the situation. Custody reflects a situation where a suspect is compelled to stay and answer questioning due to coercive circumstances created by law enforcement. Therefore, understanding that custody revolves around the restriction of movement is central to the application of Miranda rights in law enforcement practices.