You are in custody when: you are not free to leave; or you are deprived of freedom of action in a significant way. If you are under arrest -- for example, handcuffed and taken to jail -- you are unquestionably in custody. Examples of when you are not in custody include: during a traffic stop; being asked to sit in the car simply for your safety or the officer's safety; or volunteering to be taken to the police station (but before questioning).