Does questioning by the police constitute interrogation?
MultiRegion, United States of America
The following excerpt is from United States v. Familetti, 878 F.3d 53 (2nd Cir. 2017):
2 When evaluating whether questioning constitutes interrogation, attention is properly paid to "the perceptions of the suspect" in the questions and answers, "rather than the intent of the police." Innis, 446 U.S. at 301, 100 S.Ct. 1682 ; see also United States v. Zahrey, 963 F.Supp. 1273, 1281 (E.D.N.Y. 1997). Whether the police intend to elicit incriminating information is of no moment so long as they should have known that their actions were likely to do so.
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