What are the factors used by police to determine the nature of questioning?
California, United States of America
The following excerpt is from People v. Misun Yoo, B294144 (Cal. App. 2020):
nature of the questioning.' [Citation.] Additional factors are whether the officer informed the person he or she was considered a witness or suspect, whether there were restrictions on the suspect's freedom of movement, whether the police were aggressive, confrontational, and/or accusatory, and whether the police used interrogation techniques to pressure the suspect. [Citation.]" (People v. Davidson (2013) 221 Cal.App.4th 966, 972.)
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