What is the test for making a statement that is not a criminal statement?

California, United States of America

The following excerpt is from People v. Titlow, A138713 (Cal. App. 2016):

must look to the totality of the circumstances in which the statement was made. . . . Clearly the least reliable circumstance is one in which the declarant has been arrested and attempts to improve his situation with the police by deflecting criminal responsibility onto others. . . . However, the most reliable circumstance is one in which the conversation occurs between friends in a noncoercive setting that fosters uninhibited disclosures.' " (People v. Tran (2013) 215 Cal.App.4th 1207, 1217 (Tran).)

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What is the test for making a statement that is not a criminal statement?

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