What are the relevant factors in determining whether a suspect waives his right to leave the interview?
California, United States of America
The following excerpt is from People v. Givens, F068848 (Cal. App. 2016):
questioning, relevant factors include " 'the amount of time that has passed since the waiver, any change in the identity of the interrogator or the location of the interview, any official reminder of the prior advisement, the suspect's sophistication or past experience with law enforcement, and any indicia that he subjectively understands and waives his rights.' " (People v. Pearson (2012) 53 Cal.4th 306, 316-317.)
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