What is the state of the law in relation to the circumstances relevant to a custody inquiry?

Konn was not in custody. The district court found that: the interview took place in Konn's home; Konn was not placed in restraints; weapons were never drawn; the interview lasted approximately 35 minutes; at no point did Konn ask to leave or to end the conversation; at no point did the agents raise their voices; Konn was never told that he was under arrest; and Fallon "instructed [Konn] that 'I am not gonna let you roam around the residence while we do this for our safety reasons. But you're free to leave, you don't have to stay here.'" Special App. 44. A reasonable person would have felt free to terminate the conversation and leave. Moreover, Konn's "freedom of action" was not "curtailed to a degree associated with formal arrest." United States v. Falso, 293 F. App'x 838, 839 (2d Cir. 2008) (summary order) (quoting United States v. Newton, 369 F.3d 659, 671-72 (2d Cir. 2004)); see also United States v. FNU LNU, 653 F.3d 144, 153 (2d Cir. 2011) (discussing circumstances relevant to custody inquiry).