Constructive custody occurs when which of the following is true?

• A. A physical restraint with handcuffs
• B. It occurs only when there is a formal arrest
• C. It occurs when one person exercises control over the person of another, and detains him within certain limits
• D. It requires a confession

Answer: (C)

Constructive custody occurs when one person exercises control over the person of another and detains him within certain limits, so the person is not free to leave. The key idea is restraint on freedom of movement through the authority exercised, even without physical restraints or a formal arrest. This best fits the concept, because custody can exist without handcuffs or a formal arrest, simply by limiting the person’s freedom. The other scenarios involve actual physical restraint (handcuffs), or require a formal arrest or a confession, which are not defining features of constructive custody.