In determining whether either suspect was in custody,the courts will examine whether the suspect was

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The courts will examine whether the suspect was either under arrest or deprived of freedom in a significant way. Both of these situations indicate that the suspect was not free to leave and therefore was in custody for the purpose of determining their constitutional rights, such as Miranda warnings. Being drunk may be a factor in determining the suspect's ability to waive their rights, but it is not relevant to the initial determination of whether they were in custody.

In Determining Whether Either Suspect Was in Custody,the Courts Will