What is the current state of the law on custody under the Miranda Rule?

On appeal, "[w]e apply a deferential substantial evidence standard to the trial court's factual findings, but independently determine whether the interrogation was custodial. [Citation.]" (People v. Pilster (2006) 138 Cal.App.4th 1395, 1403 (Pilster).)

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C. Minor Was Not in Custody

"It is settled that the safeguards prescribed by Miranda become applicable as soon as a suspect's freedom of action is curtailed to a 'degree associated with formal arrest.' [Citation.]" (Berkemer v. McCarty (1984) 468 U.S. 420, 440 (Berkemer).) "Custody determinations are resolved by an objective standard: Would a reasonable person interpret the restraints used by the police as tantamount to a formal arrest? [Citations.] The totality of the circumstances surrounding an incident must be considered as a whole. [Citation.]" (Pilster, supra, 138 Cal.App.4th at p. 1403, fn. omitted.) Objective indicia of custody for Miranda purposes include: "(1) whether 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 the questioning." (People v. Forster (1994) 29 Cal.App.4th 1746, 1753.)