In one of our last posts, we described the difference between 'interview' and 'interrogation.' That prompted some questions from readers about how the police bring in people for questioning. "Can a person refuse to go?" one writer asked. "How much proof or probable cause is needed to bring someone in for questioning?" another one asked.
One of the most quoted lines in the classic movie Casablanca occurs when a police official orders his men to "round up the usual suspects." The unspoken inference is that officers will pull in numerous known and suspected criminals for some intense interrogation that will identify the culprit.
One of the most quoted lines in the classic movie Casablanca occurs when a police official orders his men to "round up the usual suspects." The unspoken inference is that officers will pull in numerous known and suspected criminals for some intense interrogation that will identify the culprit.
If it was only that
easy.
No one, even suspects,
can be taken to the station forcibly unless they are under arrest. An arrest requires “probable cause” to
believe a person committed a crime. The idea
that police can take anyone they need to question to their office involuntarily
is a fallacy.
Even prisoners under
arrest have a right to remain silent. Thus, it’s apparent that witnesses,
“persons of interest,” and suspects can’t be compelled to answer questions.
Unlike what you see on TV, suspect are never questioned in the presence of their





