The factors the court’s consider to determine if you are in custody for Miranda purposes

To determine if a person is in custody the courts consider 10 factors in totality. Those 10 factors are as follows:

  1. The locale where the defendant made the statements;
  2. The party who initiated the contact;
  3. The existence or non-existence of probable cause to arrest (to the extent communicated to the defendant);
  4. Subjective views, beliefs, or intent that the police manifested to the defendant, to the extent they would affect how a reasonable person in the defendant’s position would perceive his or her freedom to leave;
  5. Subjective views or beliefs that the defendant manifested to the police, to the extent the officer’s response would have affected how a reasonable person in the defendant’s position would perceive his or her freedom to leave;
  6. The focus of the investigation (as a reasonable person in the defendant’s position would perceive it);
  7. Whether the subject was questioned in familiar surroundings;
  8. The number of law enforcement officers present;
  9. The degree of physical restraint placed upon the suspect; and
  10. The duration and character of the interrogation.

 

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