What are the relevant factors for determining whether a juvenile suspect has been arrested during a police interview?

California, United States of America


The following excerpt is from People v. Adriana G. (In re Adriana G.), G052379 (Cal. App. 2017):

261, 270-271 (J.D.B.) [declining to determine specific relevant circumstances].) "Although no one factor is controlling, the following circumstances should be considered: '(1) [W]hether the suspect has been formally arrested; (2) absent formal arrest, the length of the detention; (3) the location; (4) the ratio of officers to suspects; and (5) the demeanor of the officer, including the nature of questioning.' [Citation.] Additional factors are whether the suspect agreed to the interview and was informed he or she could terminate the questioning, whether police informed the person he or she was considered a witness or suspect, whether there were restrictions on the suspect's freedom of movement during the interview, and whether police officers dominated and controlled the interrogation or were 'aggressive, confrontational, and/or accusatory,' whether they pressured the suspect, and whether the suspect was arrested at the conclusion of the interview. [Citation.]" (People v. Pilster (2006) 138 Cal.App.4th 1395, 1403-1404.) In addition, a juvenile suspect's age is a relevant factor, "so long as [it] was known to the officer at the time of police questioning, or would have been objectively apparent to a reasonable officer." (J.D.B., supra, 564 U.S. at p. 277.)

Other Questions


What factors are relevant to determining whether a suspect has been formally arrested? (California, United States of America)
What are the relevant factors in determining whether a suspect waives his right to leave the interview? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
Is light from police a factor in determining whether a suspect should be detained? (California, United States of America)
What is the test for determining whether the court considered all relevant factors in determining a plaintiff's claim? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What factors will the court consider in determining whether an individual has been restrained by a police officer during an interview? (California, United States of America)
When the interview is recorded, when the facts surrounding the interview are undisputed, and when the interview takes place, what is the test for determining whether a statement is involuntary? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What factors will be used to determine whether a police interview was custodial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.