What is the test for whether a defendant is in custody or otherwise deprived of his Fifth Amendment right to counsel?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gillyard, 726 F.2d 1426 (9th Cir. 1984):

The Fifth Amendment right to counsel first arises when an individual is held for custodial interrogation. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). "Whether a person is 'in custody or otherwise deprived of his

Page 1429

It would serve no purpose to again recite the facts which led the district court to conclude that the defendant was in custody after the post-polygraph questioning by the two postal authority agents. The case on its facts is similar to United States v. Lee, 699 F.2d 466 (9th Cir.1982), wherein it was held that an innocent person reasonably could conclude that he was not free to leave.

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