What is the legal test used to determine whether an individual is in custody?
The following excerpt is from In the Matter of Ronald Y.Z., 2005 NY Slip Op 52181(U) (NY 11/14/2005), 2005 NY Slip Op 52181(U) (N.Y. 2005):
The standard used to determine if a person is in custody is whether a reasonable person, in the respondent's position, innocent of any crime, would have believed that his freedom had been restricted in any way. People v. Acaule, 25 NY2d 585 cert. denied 400 US 851 (1970). Factors to consider in determining whether an individual is in custody include, but are not limited to, the amount of time spent with the police, whether his or her freedom was restricted, the location and
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atmosphere under which the questioning took place, whether Miranda warnings were given, and whether the questioning was investigatory or accusatory in nature. (see, People v. Centavo, 76 NY2d 837 [1990]).
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