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Consider and compare the decisions in U.S. v. Kim; U.S. v. Luna-Encinas; U.S. v. Romaszko; and U.S. v. Thompson.
Questions
1. What factors have many of the courts looked at in determining whether a person is in police custody for purposes of giving a Miranda warning?
2. Are these factors the only ones that should be considered?
If not, what other factors should a court consider?
3. Should a court take into account factors or characteristics specific to a particular suspect? Why or why not?
DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.
