In what circumstances would a reasonable innocent person believe that they were in custody during a search at a border search?

California, United States of America


The following excerpt is from People v. Lopez, F072496 (Cal. App. 2017):

Accordingly, the inquiry regarding whether a reasonable person would believe that they are in custody differs in the border search context. (United States v. Bravo (9th Cir. 2002) 295 F.3d 1002, 1009.) "[T]he fact that these events occurred at the border influences our inquiry into whether a reasonable innocent person would have believed that he was under arrest." (Ibid.) Finding respondent's argument inapposite, we hold that appellant was in custody and entitled to a Miranda advisement prior to being interrogated.

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