Custody

The care, possession, and control of a thing or person. The retention, inspection, guarding, maintenance, or security of a thing within the immediate care and control of the person to whom it is committed. The detention of a person by lawful authority or process.

For example, in a BAILMENT, the bailee has custody of goods delivered to him or her in trust for the execution of a special object upon such goods.

The term is flexible and may mean actual imprisonment or the mere power—legal or physical—of imprisoning or assuming manual possession. A petitioner must be "in custody" to be entitled to HABEAS CORPUS relief, which provides for release from unlawful confinement in violation of constitutional rights. Custody in this context is synonymous with restraint of liberty and does not...

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