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II Because the State Constitution provides greater protection to a criminal defendant with respect to the voluntariness of confessions than the Federal Constitution, State v. Carroll, 138 N.H. 687, 690-91 (1994), we decide this case under the State Constitution with reference to federal cases only to aid our analysis, see State v. Ball, 124 N.H. 226, 232 (1983).

State v. Carroll, 138 N.H. 687, 696 (1994); see State v. Sachdev, 171 N.H. 539, 548 (2018) (“[T]wo conditions must be met before Miranda warnings are required: (1) the suspect must be ‘in custody’; and (2) he must be subject to ‘interrogation.’”).

State v. Carroll, 138 N.H. 687, 696-97 (2014) (considering whether the defendant “enjoyed freedom of movement throughout the police station,” including whether he went “unescorted to the men’s room”).

Hernandez, 162 N.H. at 706; see also Jacques, 744 F.3d at 811; cf. State v. Monroe, 142 N.H. 857, 864 (1998); State v. Carroll, 138 N.H. 687, 692-93 (1994).

stem is instigated at the direction of law enforcement authorities, rather than the suspect, custody is more likely to exist.” Griffin, 922 F.2d at 1351; see State v. Hieu Tran, 71 A.3d 1201, 1207 (Vt. 2012); cf. Hammond, 144 N.H. at 404 (finding relevant to no custody determination that defendant drove himself to police station and at end of questioning was allowed to go home); State v. Carroll, 138 N.H. 687, 696-97 (1994) (explaining relevant to no custody finding that defendant requested inte

State v. Carroll, 138 N.H. 687, 695 (1994); State v. Chapman, 135 N.H. 390, 400-01 (1992).

Compare Rezk, 150 N.H. at 489-90, with State v. Carroll, 138 N.H. 687, 692 (1994).

State v. Carroll, 138 N.H. 687, 693 (1994); see McDermott, 131 N.H. at 501 (noting that a confession made in reliance upon a promise of confidentiality is involuntary).

This stands in sharp contrast to State v. Carpentier, 132 N.H. 123, 127 (1989), where officers provided *774 transportation to the police station for the defendant’s convenience, and State v. Carroll, 138 N.H. 687, 696 (1994), where the defendant drove himself to the police station.

*226 The police have no obligation to issue Miranda warnings when the person being interviewed is not subject to custodial interrogation.

Schneckloth v. Bustamonte, 412 U.S. 218, 225-26 (1973); see also State v. Carroll, 138 N.H. 687, 691 (1994).

State v. Carroll, 138 N.H. 687, 691 (1994); In re Certain Scholarship Funds, 133 N.H. 227, 229-30 (1990).

However, where a person is not subject to a custodial interrogation, the defendant’s right to Miranda warnings does not attach.

Thus, evidence obtained by a private party may be admissible even if secured through “the most outrageous behavior by [the] private party.” State v. Carroll, 138 N.H. 687, 691 (1994) (quotation and brackets omitted).

Describing the charges that a suspect may face or the implications of his actions “is not inherently coercive and does not render a confession involuntary.” State v. Chapman, 135 N.H. 390, 399-400 (1992); see also State v. Carroll, 138 N.H. 687, 693 (1994).

See, e.g., State v. Carroll, 138 N.H. 687, 691 (1994) (Due Process Clause of the New Hampshire Constitution applies only to State actors); Shelley v. Kraemer, 334 U.S. 1, 13 (1948) (noting that the Fourteenth Amendment does not apply to private actors); State v. Chapman, 335 N.H. 390, 400 (1992) (no violation of the Fourteenth Amendment without State action)

A statement is voluntary if it is “the product of an essentially free and unconstrained choice.” State v. Carroll, 138 N.H. 687, 691, 645 A.2d 82, 84 (1994).

Miranda, 384 U.S. at 444; State v. Carroll, 138 N.H. 687, 696, 645 A.2d 82, 87 (1994).

State v. Carroll, 138 N.H. 687, 692-93, 645 A.2d 82, 85 (1994); Decker, 138 N.H. at 436-37, 641 A.2d at 228-29 (conditions must have overborne defendant’s will for confession to be involuntary).

Because in this case State law provides at least as much protection as federal law, see State v. Carroll, 138 N.H. 687, 691, 645 A.2d 82, 85 (1994); State v. Keyser, 117 N.H. 45, 46, 369 A.2d 224, 225 (1977), we need not make a separate federal analysis.

The aspects of the memories into which we inquire are, in part, factual; we therefore defer to the facts found by the trial court in this part of the inquiry.

confessions than does the Federal Constitution, we decide this case under the State Constitution with reference to federal cases only to aid our analysis.” State v. Carroll, 138 N.H. 687, 690-91, 645 A.2d 82, 84 (1994) (citation omitted); see, e.g., State v. Carpentier, 132 N.H. 123, 128, 562 A.2d 181, 184 (1989).

If there has been no formal arrest, the court must consider the degree to which the suspect’s freedom of movement was curtailed, and “how a reasonable person in the suspect’s position would have understood the situation.” State v. Carroll, 138 N.H. 687, 696, 645 A.2d 82, 87-88 (1994).

In determining the voluntariness of the confession, the trial court must examine the totality of the surrounding circumstances.