context: The rights established under Miranda are triggered only when an individual is in custody and under interrogation. In determining whether an individual is in custody, a necessary inquiry is whether, given the circumstances surrounding a police encounter, "a reasonable person [would] have felt he or she was not at liberty to terminate the [encounter] and leave."
citation_a.signal: no signal
citation_a.identifier: 866 A.2d 67, 73
citation_a.parenthetical: [Consideration of ... "inherently subjective and individualized factors is impermissible."
citation_a.sentence: Moore v. United States, 927 A.2d 1040, 1059 (D.C. 2007) (citation omitted); Morales v. United States, 866 A.2d 67, 73 (D.C.2005) ([Consideration of ... “inherently subjective and individualized factors is impermissible.”). However, “this inquiry, though necessary, is not sufficient.”
citation_b.signal: see also
citation_b.identifier: 369 F.3d 659, 672
citation_b.parenthetical: noting that "a free-to-leave inquiry reveals only whether the person questioned was seized" and is not disposi-tive as to whether the person was in custody for Miranda purposes
citation_b.sentence: California v. Beheler, 463 U.S. 1121, 1125, 103 S.Ct. 3517, 77 L.Ed.2d 1275 (1983) (citation and internal quotation marks omitted); In re J.H., 928 A.2d 643, 648 (D.C.2007) (per curiam); see also United States v. Newton, 369 F.3d 659, 672 (2d Cir.2004) (noting that “a free-to-leave inquiry reveals only whether the person questioned was seized” and is not disposi-tive as to whether the person was in custody for Miranda purposes).