Also known as: in-custody · custody · detained
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A condition in which a person's freedom of action is curtailed to a degree associated with formal arrest. The status triggers constitutional safeguards such as Miranda warnings before interrogation begins.
A condition in which a person's freedom of action is curtailed to a degree associated with formal arrest. The status triggers constitutional safeguards such as Miranda warnings before interrogation begins.
Ibrahim Iqbal, an alien held at a military facility as an enemy combatant, filed a habeas petition challenging the basis for his indefinite detention. Because he remained in custody, the court examined whether Congress had supplied a meaningful substitute for habeas review that allowed him to contest the factual findings supporting his detention.
Limited authority over a chattel that falls short of full possession. The distinction determines whether misappropriation constitutes larceny rather than embezzlement.
Igor Ito, a stockroom clerk at Ivy Investments, received a box of client securities with instructions only to store it. Igor removed several certificates and attempted to sell them. Because Igor held mere custody rather than possession, the taking was trespassory and supported a larceny charge.
Innovate Pharmaceuticals sued a competitor and was required to disclose documents under Rule 26. The company produced a description of laboratory notebooks and electronic files located in its research facility. Those materials were in the company's possession, custody, or control and therefore had to be identified even though no formal discovery request had yet been served.
Legal responsibility for the care, control, and upbringing of a child. The status supplies the basis for custody determinations and related jurisdictional rules.
After a State A court awarded primary physical custody of their son to Ingrid Innes, the father moved to State B and sought modification. The original order remained binding on both parents because they had been served and given an opportunity to be heard, rendering the determination conclusive on all decided issues of fact and law.
Limited authority over a chattel that falls short of full possession. The distinction determines whether misappropriation constitutes larceny rather than embezzlement.
Legal responsibility for the care, control, and upbringing of a child. The status supplies the basis for custody determinations and related jurisdictional rules.
Each sense below has its own examples, sources, and questions.
A person is in custody when freedom of action is curtailed to the degree associated with formal arrest. The test is objective: whether a reasonable person would feel free to terminate the encounter and leave.
A party must disclose a copy or description by category and location of all documents, electronically stored information, and tangible things in its possession, custody, or control that it may use to support its claims or defenses.
Custody involves only limited authority to control property while another retains broader possession. An employee who misappropriates property held in mere custody commits larceny. An employee given discretionary authority holds possession and the offense is embezzlement instead.
When Irene Ingalls and her former spouse disputed custody of their daughter, the court examined the child's wishes, the parents' wishes, and the stability of each proposed home. The court refused to consider the mother's unrelated personal conduct that did not affect her relationship with the child.
After Idris Ives died, his surviving spouse and two minor children still living with her petitioned for a family allowance. Because the children were in fact being supported by the decedent at the time of death, the court awarded a reasonable sum payable to the spouse for their maintenance during administration.
No. Physical presence of the child or a parent is neither necessary nor sufficient for jurisdiction under the UCCJEA. The statute requires satisfaction of one of the enumerated bases such as home-state status or significant connection plus substantial evidence.
Yes. A court loses exclusive continuing jurisdiction when it determines that the child, the child's parents, and any person acting as a parent do not presently reside in the state, regardless of any lingering historical connections.
…to perform them without the control of any person. While the Secretary remains in office the President cannot take from his custody the seal of the United States nor prevent him from recording and affixing the seal to civil commissions of such officers as do not hold their offices at the will of the President after the…