What is the current state of the law on custody for Miranda purposes?
California, United States of America
The following excerpt is from People v. Loaeza, G047018 (Cal. App. 2013):
Custody for Miranda purposes is a mixed question of law and fact. (People v. Moore (2011) 51 Cal.4th 386, 395.) An appellate court must apply a deferential substantial evidence standard to the trial court's factual findings regarding the circumstances surrounding the interrogation, and it must independently decide whether, given those circumstances, a reasonable person in the defendant's position would have felt free to end the questioning and leave. (Ibid.)
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