The following excerpt is from United States v. Von Simmonds, No. 15-577 (2nd Cir. 2016):
United States v. FNU LNU, 653 F.3d 144, 153 (2d Cir. 2011). We begin by asking "whether a reasonable person would have thought he was free to leave the police encounter at issue. If the answer is yes, the Miranda inquiry is at an end; the challenged interrogation did not require advice of rights." United States v. Newton, 369 F.3d 659, 672 (2d Cir. 2004). However, if the answer is no, the "court must ask whether, in addition to not feeling free to leave, a reasonable person would have understood his freedom of action to have been curtailed to a degree associated with formal arrest." Id. "Only if the answer to this second question is yes was the person 'in custody' . . . ." Id. (quoting Berkemer v. McCarty, 468 U.S. 420, 440 (1984)).
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