You can be in custody without being under arrest. However, is the reverse statement true? Can someone be under arrest without being in custody?
Pretty sure it’s a subset situation: all arrests are custodies, but not all custodies are arrests.
Only thing that comes to mind would be something from the movies, where the officer yells, “You’re under arrest!” just as the criminal turns and starts the three minute long chase scene.
No, that’s probably avoiding arrest.
Non-arrest custody might be something like when officer cuffs you for safety.
But is there any such thing as non-custody arrest?
Let us know how your experiments go. :-)
“Mr Bogosian, you are under arrest. Remain there until an officer arrives to take you into custody.”
I’m going to be off the grid for the next week or so. But I don’t want you to be in suspense the whole time, so:
If you’re under arrest, then by definition you’re in custody. There is no such thing as a non-custodial arrest for Miranda purposes. And “custody” for Fifth Amendment purposes and “detention” for Fourth Amendment purposes are two entirely different things. I’ll explain later.
…Or Pi will, if she can stop stuffing her face long enough…
I’m guessing then that in the situation where ☆ tells someone they’re under arrest without being in control of them, and they run off, they aren’t technically under arrest until they’re caught, despite what ☆ said.
Loving the Pi clock!