Question: Defendant X claims he was in custody when interrogated by the police about a murder. Officer Y denies that claim and says that custody and arrest were farthest from his mind when he and X (they knew each other because they lived in the same neighborhood) chatted on the street one day about the murder of a neighbor whom they both knew. You are the judge who is presiding in X's murder trial. Whose claim prevails-that of X or the officer? What standard will you use to justify your ruling?