What is the test for determining whether a suspect in a domestic violence case is in custody?

California, United States of America


The following excerpt is from People v. Copeland, B261493 (Cal. App. 2016):

"In determining whether a person is in custody in this sense, the initial step is to ascertain whether, in light of 'the objective circumstances of the interrogation, [citation], a 'reasonable person [would] have felt he or she was not at liberty to terminate the interrogation and leave.' [Citation.] And in order to determine how a suspect would have 'gauge[d]' his 'freedom of movement,' courts must examine 'all of the circumstances surrounding the interrogation.' [Citation.] Relevant factors include the location of the questioning, [citation], its duration, [citation], statements made during the interview, [citations], the presence or absence of physical restraints during the questioning, [citation], and the release of the interviewee at the end of the questioning." (Howes v. Fields, supra, ___ U.S. ___ [132 S.Ct. at p. 1189].)

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