What is the test for determining whether a defendant was detained in custody or merely detained?
California, United States of America
The following excerpt is from People v. Strider, B258711 (Cal. App. 2015):
Two inquiries are required to determine whether defendant was subjected to a custodial interrogation or merely detained. First, what were the circumstances surrounding the interrogation? Second, would a reasonable person in those circumstances have felt he was free to terminate the interrogation and leave? (People v. Ochoa (1998) 19 Cal.4th 353, 401-402.)
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