What does the term "custody" refer to in a legal context?

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In a legal context, "custody" primarily refers to the restriction of an individual's freedom, often associated with being arrested. This means that when a person is in custody, they are in a situation where their liberty is limited due to the legal authority of law enforcement. This can manifest through actual physical restraint or through circumstances where an individual cannot leave a particular location under the direction of law enforcement agencies.

While being under surveillance by law enforcement, which might involve monitoring an individual, does not inherently mean that person is in custody, as they may still have the freedom to move about. Permanent removal of rights indicates a more severe legal status, such as being convicted of a crime, and does not specifically define the state of being in custody. Additionally, formal charges filed against an individual are distinct from custody; they refer to the initiation of legal proceedings rather than the immediate constraints on personal freedom. Thus, the concept of custody is more closely aligned with immediate limitations placed on an individual's freedom, particularly in regard to law enforcement authority.

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