How is "custody" defined in a legal context?

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In a legal context, "custody" is defined as any circumstances where a reasonable person would believe they are under arrest. This definition goes beyond simply being formally arrested; it encompasses situations where an individual's freedom of movement is restricted to a degree that a reasonable person in that situation would feel they are not free to leave. This includes scenarios where law enforcement has indicated, either through their actions or the environment, that the individual is not free to depart. The focus on reasonable belief acknowledges the subjective nature of custody while still grounded in an objective standard, allowing for a broader understanding of what constitutes custody in legal terms.

The other scenarios mentioned do not fully capture the essence of custody. For instance, simply feeling free to leave or being questioned by law enforcement may not equate to custodial circumstances, as those situations may not necessarily imply a restriction on freedom. Similarly, a formal arrest is a clear indicator of custody, but custody can exist even before that formal action is taken if the circumstances convey that arrest is imminent or that the person is not free to go.

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