Custody as legal restraint of liberty: control or confinement that substantially curtails freedom and triggers procedural protections. Custody denotes control or restraint of a person's liberty in criminal investigation or law enforcement, encompassing physical detention, confinement or ... Summary
Custody as legal restraint of liberty: control or confinement that substantially curtails freedom and triggers procedural protections.
Custody denotes control or restraint of a person's liberty in criminal investigation or law enforcement, encompassing physical detention, confinement or remand as well as legal or de facto power to restrict movement; the operative test is substantial curtailment of freedom rather than ownership, and custody may arise where restraints are sufficient to trigger remedies such as habeas corpus and related procedures.
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