What is the test for determining whether a person is in police custody?

California, United States of America


The following excerpt is from People v. I.F. (In re I.F.), 20 Cal.App.5th 735, 229 Cal.Rptr.3d 462 (Cal. App. 2018):

"Custody determinations are resolved by an objective standard: Would a reasonable person interpret the restraints used by the police as tantamount to a formal arrest? [Citations.] The totality of the circumstances surrounding an incident must be considered as a whole." ( People v. Pilster (2006) 138 Cal.App.4th 1395, 1403, 42 Cal.Rptr.3d 301, fn. omitted.) Courts have identified a variety of circumstances to be considered as part of the custody determination. Among them are "whether contact with law enforcement was initiated by the police or the person interrogated, and if by the police, whether the person voluntarily agreed to an interview; whether the express purpose of the interview

[229 Cal.Rptr.3d 479]

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