What constitutes "interrogation" of a suspect who, after Miranda warnings, has declined to answer questions is determined not by the subjective intent of the police, but by whether an objective observer with the same knowledge concerning the suspect as the police had would conclude that the remark or conduct of the police was reasonably likely to elicit a response.
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PEOPLE v. FERRO
63 N.Y.2d 316 (1984)
The People of the State of New York, Respondent, v. Alfio Ferro, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 7, 1984.
Decided October 25, 1984.
Attorney(s) appearing for the Case
Chief Judge COOKE and Judges JONES, SIMONS and KAYE concur with Judge MEYER; Judge JASEN dissents and votes to affirm in a separate opinion; Judge WACHTLER taking no part.
Court of Appeals of the State of New York.
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