What is the test used to determine whether a suspect has been found guilty of false imprisonment?
MultiRegion, United States of America
The following excerpt is from United States v. Burton, Case No.: 16-CR-1248-GPC (S.D. Cal. 2017):
580 (9th Cir. 1987), modified by 830 F.2d 127 (9th Cir. 1987). To conduct this analysis, five non-exhaustive factors are considered: "(1) the language used to summon the individual; (2) the extent to which the defendant is confronted with evidence of guilt; (3) the physical surroundings of the interrogation; (4) the duration of the detention; and (5) the degree of pressure applied to detain the individual." United States v. Kim, 292 F.3d 969, 974 (9th Cir. 2002).
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