Can telephone interviews be considered custodial interrogations?

Telephone interviews generally cannot be considered custodial interrogations primarily because the individual has the autonomy to terminate the conversation at any time, such as by hanging up the phone. This ability to disengage suggests that the interview is not taking place in a situation where the individual feels confined or under duress, which is a key characteristic of a custodial interrogation.

In custodial interrogations, individuals are typically in a controlled environment where they do not have the same freedom to leave or end the interaction. This includes settings like police stations or other law enforcement facilities where the individual may feel compelled to stay and answer questions due to the presence of law enforcement officers.

While other factors, such as the accusatory nature of questions or perceived pressure from the interviewer, can influence an individual's perception of an interview, the fundamental aspect of a custodial interrogation is the lack of freedom to leave. Therefore, the ability to hang up during a telephone interview clearly delineates it from being categorized as a custodial interrogation.