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his wife and child missing. The officers met defendant at the emergency room,
asked to speak with him, and transported him to the station without handcuffs.
From the circumstances, it is reasonable to infer that defendant wanted to
accompany the officers to the station, in part, to obtain a ride since he had no other
means of transportation.
At the detective bureau, the interview itself was investigatory, lasted less
than an hour, was not “hostile, menacing, or accusatory,” and occurred in an
unlocked room. (People v. Zamudio, supra, 43 Cal.4th at p. 345; see People v.
Stansbury (1995) 9 Cal.4th 824, 828, 832, 834 [no custodial interrogation where
defendant not considered a suspect at time of interview and officers’ questions
were investigatory, not accusatory]; Green v. Superior Court (1985) 40 Cal.3d
126, 131-133, 135 [same].) Defendant knew he was not under arrest since he was
told he could leave after the interview. (See Oregon v. Mathiason (1977) 429 U.S.
492, 495 [no custody where defendant came voluntarily to police station, and told
immediately he was not under arrest].]) The detectives asked about Mary’s and
Carley’s activities that morning, defendant’s activities that day and the
circumstances of discovering the van. Defendant answered all of their questions,
and did not confess to any involvement in the murders. After the interview,
defendant, who had earlier been allowed to use a detective bureau restroom, was
not arrested and was instead driven home. (See People v. Leonard, supra, 40
Cal.4th at p. 1401; People v. Pilster (2006) 138 Cal.App.4th 1395, 1403-1404.)
Defendant contends that the detectives’ manner communicated that they
were in control. They said, “I’m going to ask you some questions,” “sit up a bit
now,” and “open your eyes and look at this.” However, the record shows that, in
context, these statements were made in connection with the officer’s efforts to
determine whether defendant understood and voluntarily signed a statement
allowing the police to search his house for evidence. Defendant claims that he
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