Jovan'z Smith v. Ken Clark

In this ease, a 16-year-old high school student named Jovan’z Smith was taken to a police station and subjected to four hours of interrogation in a small, windowless room. Smith was not read his Miranda rights. Four hours later, still without his Miranda warnings, he confessed. The only question before this court is whether Smith was “in custody” under Miranda when he confessed.

The California Court of Appeal concluded that Smith was not “in custody.” It relied exclusively on the “fact” that, in the words of the court, he “was told three times that he was'not under arrest and was free to go.”…