California, United States of America
The following excerpt is from People v. Moody, F066596 (Cal. App. 2014):
The magistrate based its conclusion on People v. Ceccone (1968) 260 Cal.App.2d 886 (Ceccone), where the court stated: "Miranda permits no questioning without a prior warning once the suspect is in custody, that is, if, as a reasonable person he is led to believe that he is physically deprived of his freedom of action in any significant way. [Citation.] [] Miranda does not specify at what point a permissible general on-the-scene questioning of citizens in the fact-finding process [citation] becomes a custodial interrogation. The court implies, however, that an interrogation becomes 'custodial' when the investigation becomes focused upon the person being interrogated. [Citation.] Once the investigating officer has probable cause to believe that the person being detained for questioning has committed an offense, the officer cannot be expected to permit the suspect to leave. At that point, at the latest, the interrogation becomes
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