In what situation does custodial interrogation occur?

Custodial interrogation occurs after an arrest has been made because this is the point at which an individual is formally deprived of their freedom and is in a situation where they may feel compelled to speak to law enforcement. The legal definition of custodial interrogation implies that the individual is not free to leave, making them susceptible to questioning that may lead to self-incrimination. This context is critical because it triggers certain rights and protections under the Miranda warning, which must be provided to ensure that individuals are aware of their rights before any questioning begins.

In contrast, whether a lawyer is present, whether an arrest is made or during situations like a traffic stop, does not constitute custodial interrogation unless the individual is actually under arrest and not free to exit the situation. Thus, the presence of an attorney or the absence of an arrest significantly alters the nature of the encounter and the legal implications that arise from it.