California legal term
Custodial interrogation in California Criminal Law
Current through 2026 California legislative session
In California criminal law, “Custodial interrogation” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.
What does “Custodial interrogation” mean in California criminal law?
“Custodial interrogation” means any interrogation in a fixed place of detention involving a law enforcement officer’s questioning that is reasonably likely to elicit incriminating responses, and in which a reasonable person in the subject’s position would consider himself or herself to be in custody, beginning when a person should have been advised of his or her constitutional rights, including the right to remain silent, the right to have counsel present during any interrogation, and the right to have counsel appointed if the person is unable to afford counsel, and ending when the questioning (Cal. Penal Code § 859.5)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.