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Task: Sentenced Prisoner-May Not Need Warnings

Howes v. Fields, 132 S.Ct. 1181 (2012).

• There is no per se rule that a sentenced prisoner is in-custody for Miranda
purposes while serving his sentence. The jail or prison is his home.

• Part one of determining custody: Custody Factors that Court outlined in this
case:

– The location of the questioning,

– statements made during the interview,

– the presence or absence of physical restraints during the questioning,

– and the release of the interviewee at the end of the questioning,

• Part two of determining custody:

– Whether the relevant environment presents the same inherently

coercive pressures as the type of station house questioning at issue in
Miranda.

©2021 Jack Ryan Legal & Liability Risk Management Institute 179