Note to Teachers: Use this chart to help students identify the factors that courts might take into consideration in each case to determine if someone is in custody and, therefore, should receive a Miranda warning.
| Discussion Guide for
COA Cases #1 - #4 | United States v.
Kim | United States v.
Luna-Encinas | United States v.
Romaszko | United States v.
Thompson |
| Language Used to Summon the Individual | | | | |
| Confrontation with Evidence of Guilt | | | | |
| Physical Surroundings/Location | | | | |
| Duration | | | | |
| Degree of Pressure Applied (physical or otherwise) | | | | |
| Other Factors | | | | |
| Totality of the Circumstances:
In Custody or Not? | | | | |
Discussion Chart for Courts of Appeals Decisions in U.S. v. Kim; U.S. v. Luna-Encinas; U.S. v. Romaszko; U.S. v. Thompson