Does a detective who believed defendant was responsible for the crime at the beginning of their interview have to be held in custody?

California, United States of America


The following excerpt is from People v. Brown, C079484 (Cal. App. 2020):

Although the detective believed defendant was the culprit at the inception of the interview, that circumstance does not render the interview a custodial interrogation. (California v. Beheler (1983) 463 U.S. 1121.)

Defendant was not in custody during the first interview.

2. Voluntariness

Other Questions


Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the target crime? (California, United States of America)
Can a defendant be convicted of an uncharged crime if, but only if, the un charged crime is necessarily included in the charged crime? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime, does other-crimes evidence admissible? (California, United States of America)
Is a defendant who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits as a result of the crime? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Is there any case law where a defendant agreed to an interview at the police station and was then questioned by detectives about a break-in at the time of the crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Is a defendant's in-custody statements that he used abusive and threatening language to a witness during a period of time in custody admissible? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.