What is the test for a jury to determine whether a reasonable person in a similar position would have felt free to leave during questioning?
California, United States of America
The following excerpt is from The People v. Moore, No. S081479, No. SS980646 (Cal. 2011):
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' [citation]." (People v. Leonard, supra, 40 Cal.4th at p. 1400.)
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