Which method is used to determine if a suspect is in custody?

Determining if a suspect is in custody hinges on an objective standard that assesses what a reasonable person in the suspect's position would feel. This perspective centers on evaluating the setting and the circumstances under which the suspect is being questioned.

The objective test is critical because it aims to remove personal biases and focuses on the totality of the situation. Key factors may include whether the suspect is free to leave, the nature of the interrogation, and the surroundings—elements that help establish the reasonable person standard. If a reasonable person would believe that they were not free to leave, then custody is established, making any subsequent questioning subject to different legal standards, such as the requirement for Miranda warnings.

Other methods, such as a subjective test based on the beliefs of the officer, do not provide a reliable foundation for determining custody, since an officer's personal perspective may not accurately reflect the situation from a suspect's standpoint. Similarly, relying solely on local police department policies would not take into account the broader legal standards applicable in custody determinations, which require a more standardized, objective measure.