California, United States of America
The following excerpt is from Joseph R., In re, 65 Cal.App.4th 954, 76 Cal.Rptr.2d 887 (Cal. App. 1998):
"[A]n officer's views concerning the nature of an interrogation, or beliefs concerning the potential culpability of the individual being questioned, may be one among many factors that bear upon the assessment whether that individual was in custody, but only if the officer's views or beliefs were somehow manifested to the individual under interrogation and would have affected how a reasonable person in that position would perceive his or her freedom to leave." (Stansbury v. California, supra, 511 U.S. at p. 325 [, 114 S.Ct. at p. 1530, 128 L.Ed.2d at p. 300].) "Even a clear statement from an officer that the person under interrogation is a prime suspect is not, in itself, dispositive of the custody issue...." (Ibid.)
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