''Custody'' Definition In Connection With Miranda Warnings
Miranda warnings need only be given in situations involving a custodial interrogation. Zahn, supra at 449. Custodial interrogation means "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." Id., quoting People v. Hill, 429 Mich 382, 387; 415 NW2d 193 (1987).
Whether an accused was in custody at the time of the interrogation depends on the totality of the circumstances, with the key question being whether the accused reasonably could have believed that he was not free to leave. People v. Marsack, 231 Mich App 364, 374; 586 NW2d 234 (1998).
The determination depends on the objective circumstances rather than the subjective views harbored by either the interrogating officers or the person being questioned. Zahn, supra at 449.