United States v. Michael Borostowski

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that generally where the tone of the questioning is not hostile or combative this supports a finding of noncustody
• noting that the “extended duration of the encoun- ter [] weighs in favor of a finding of custody”
• explaining that, when an interroga- tion takes place “in familiar surroundings,” that factor “gen- erally weighs in favor” of determining there was no custody
• Miranda custody established where tone of interview “never became hostile or combative”
• “[T]he mere utterance of the words ‘you are not under arrest’ does not end the ‘in custody’ analysis but rather the words must be taken in the larger context of the totality of the circumstances[.]”

Source: CourtListener parenthetical corpus (CC0).