What is the test for interviewing a witness or suspect in a witness interview?

California, United States of America


The following excerpt is from People v. Hernandez, C068079, C068517 (Cal. App. 2015):

informed the person he or she was considered a witness or suspect, whether there were restrictions on the suspect's freedom of movement during the interview, and whether police officers dominated and controlled the interrogation or were 'aggressive, confrontational, and/or accusatory,' whether they pressured the suspect, and whether the suspect was arrested at the conclusion of the interview. [Citation.]" (People v. Pilster (2006) 138 Cal.App.4th 1395, 1403-1404, fn. omitted.)

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