Also known as: express questionings · express interrogation
Written by attorneys · grounded in primary & secondary sources — see below
Direct questions posed by law enforcement officers to a suspect in custody. The term forms one component of the broader Miranda definition of interrogation, which also reaches the functional equivalent of questioning through words or actions that officers should know are reasonably likely to elicit an incriminating response.
Security agents detained aerospace engineer Daniel Ruiz after he invoked counsel. While Ruiz remained handcuffed, the agents asked him directly which classified documents he had transmitted. Ruiz answered and later sought suppression. The agents' express questioning after the invocation constituted interrogation requiring Miranda compliance.
An undercover officer posing as a fellow inmate asked Perkins a series of questions about the victim, crime scene, weapon, and motive. Perkins supplied the requested information. Although the officer used express questioning, Perkins did not know he was speaking with police so the statements did not require Miranda warnings.
Select any source to read its text and confirm it supports the definition.
Officers allowed Mauro to speak with his wife in their presence after he had invoked counsel. They recorded the exchange without asking any questions themselves. The absence of express questioning meant the conversation did not qualify as interrogation under Miranda.
No. Express questioning covers any direct inquiry by officers designed to obtain information from a suspect in custody. The form of the statement is irrelevant so long as it constitutes a question seeking an incriminating response.
Express questioning involves direct questions. The functional equivalent covers indirect words or actions that officers should know are reasonably likely to elicit an incriminating response even without a direct question.
No. Generalized conversation or logistical remarks that are not aimed at eliciting incriminating information fall outside both express questioning and its functional equivalent.
…discussion, with each man offering his views on different topics. Rather, it was an interrogation: Perkins was subjected to express questioning likely to evoke an incriminating response. Rhode Island v. Innis , 446 U. S. 291, 300-301 (1980). Because Perkins was interrogated by police while he was in custody, Miranda required…