Does a police officer have an obligation to administer a Miranda warning to a suspect during questioning?

California, United States of America


The following excerpt is from People v. Torres, E064174 (Cal. App. 2017):

"An officer's obligation to administer Miranda warnings attaches, however, 'only where there has been such a restriction on a person's freedom as to render him "in custody."' [Citations.] In determining whether an individual was in custody, a court must examine all of the circumstances surrounding the interrogation, . . ." (Stansbury v. California (1994) 511 U.S. 318, 322.) In determining whether a suspect was in custody during questioning, relevant circumstances include: the purpose, place, and length of the questioning; the ratio of officers to suspects; the officer's demeanor; restrictions upon the

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defendant's freedom of movement; the nature of questioning; the defendant's agreement to be interviewed; advisement that the defendant could terminate the questioning; police domination and control of the questioning; whether police informed the defendant he was considered a witness or suspect; and whether the defendant was arrested at the end of the interview. (People v. Pilster (2006) 138 Cal.App.4th 1395, 1403-1404.) No single circumstance is dispositive. (People v. Aguilera (1996) 51 Cal.App.4th 1151, 1162.)

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