The Booking Questions Dilemma; An Update

The Booking Questions Dilemma; An Update

Robert C. Phillips
Deputy District Attorney (Ret.)
October, 2018

            The rule has long been that routine booking questions asked of an in-custody suspect for the purpose of obtaining background, biographical information, are generally permitted[1] in that such questions are not considered to be part of an interrogation.[2]  Any incriminating responses made by the suspect in response to such questions are typically admissible in evidence against him.[3]

            The “‘routine booking question’ exception . . . exempts from Miranda’s[4] coverage questions (needed) to secure the ‘biographical data necessary to complete booking or pretrial services.’”  They typically involve questions “reasonably related to the police’s administrative concerns.”  The fact that an arrestee’s responses to the booking questions turn out to be incriminating does not, by itself, affect the applicability of the exception.  But by the same token, the existence of this exception does not mean that all questions asked during the booking process fall within the exception.  Supposed booking questions that are really just a pretext for eliciting incriminating information are improper.© 2026 Legal Updates, LLC.
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