What factors will be used to determine whether a police interview was custodial?

California, United States of America


The following excerpt is from People v. Allen, G052094 (Cal. App. 2016):

of officers to suspects; and (5) the demeanor of the officer, including the nature of the 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." (People v. Pilster (2006) 138 Cal.App.4th 1395, 1403-1404, fn. omitted.) "We apply a deferential substantial evidence standard to the trial court's factual findings, but independently determine whether the interrogation was custodial." (Id. at p. 1403.)

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