What is the test for determining whether a person's freedom of action was restricted by the police?
"New York", United States of America
The following excerpt is from People v. Saunders, 2013 NY Slip Op 34072 (U) (N.Y. Cty. Ct. 2013):
the police, (2) whether the person's freedom of action was restricted, (3) the location and atmosphere under which the questioning took place, (4) the degree of cooperation exhibited, (5) whether constitutional rights were administered, and (6) whether the questioning was investigatory or accusatory in nature" (People v. Mosley, 196 A.D.2d 893).
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