What are the factors used to determine whether a defendant was in custody when he made incriminating statements in response to police interrogation?

California, United States of America


The following excerpt is from People v. Verile, G051537 (Cal. App. 2016):

Defendant cites People v. Bejasa (2012) 205 Cal.App.4th 26, 40, in which the appellate court concluded the defendant was in custody when he made incriminating statements in response to police interrogation without Miranda warnings. That court used the same factors from People v. Pilster that we analyzed ante. (People v. Bejasa, supra, at pp. 35-36.) The defendant in that case was involved in a car accident in which a passenger in his car was seriously injured. (Id. at p. 30.) When a police officer arrived,

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