Which factor is NOT considered when determining if an individual is in custody?

When determining whether an individual is in custody, various situational factors are assessed to establish the context of the interaction between law enforcement and the individual. The primary factors considered include the location of the interrogation, the number of officers present, and the attitude of the officers, as these can significantly influence an individual's perception of freedom and whether they feel they can leave.

The nature of the crime committed does not necessarily impact the custody determination. While the severity of a crime can influence how law enforcement approaches an individual or the tactical response during an operation, it is not a fundamental factor in determining whether the person is in custody for purposes of Miranda rights or similar considerations. The evaluation primarily hinges on how the individual perceives their freedom in the moment, which is shaped by situational factors rather than the specifics of the crime.