What factors will the court consider in determining whether an individual has been restrained by a police officer during an interview?

"Relevant factors include the location of the questioning [citation], its duration [citation], statements made during the interview [citations], the presence or absence of physical restraints during the questioning [citation], and the release of the interviewee at the end of the questioning." (Howes v. Fields, supra, 565 U.S. at p. 509.) Other factors include whether there has been a formal arrest, the ratio of officers to the individual, and the demeanor of the officer. (See In re M.S. (2019) 32 Cal.App.5th 1177, 1188.) Courts may also consider "whether the officer informed the person he or she was considered a witness or suspect, . . . whether the police were aggressive, confrontational, and/or accusatory, and whether the police used interrogation techniques to pressure the suspect." (People v. Davidson (2013) 221 Cal.App.4th 966, 972.)

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