What is the test to determine whether questioning constitutes interrogation?
MultiRegion, United States of America
The following excerpt is from United States v. Fernandez, CASE NO. 14cr0277-GPC (S.D. Cal. 2016):
An objective test determines whether questioning constitutes interrogation. "Although the officer's subjective intent is relevant, it is not decisive . . . because in determining whether interrogation occurred, the focus is upon the defendant's perceptions. . . ." United States v. Moreno-Flores, 33 F.3d 1164, 1169 (9th Cir. 1994) (internal citations omitted).
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