Can a defendant who voluntarily accompanied the police to the police station give a Miranda warning?

"New York", United States of America

The following excerpt is from People v. Kassim, 2004 NY Slip Op 51568(U) (NY 4/28/2004), 2004 NY Slip Op 51568(U) (N.Y. 2004):

The testimony adduced at the hearing reflects that defendant, who voluntarily accompanied the police to the precinct, was not in custody at the time of the statement. Therefore, Miranda warnings were not required. People v. Bell, 182 AD2d 858, 3rd Dep't (affirming trial court's determination that defendant was not in custody, when evidence reflected that defendant voluntarily accompanied police to police station, was not restrained and was not told that he could not leave). Defendant, whose interview lasted for one hour, cooperated with the police, and his freedom of action was not restricted. Although not required, Miranda warnings were administered and the questioning was investigatory in nature. Even if the Special Agents had considered defendant a suspect during the course of the interview, this is of no consequence, since this belief was in no way conveyed to the defendant. People v. Ripic, 182 AD2d 226.

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