You aren’t obligated to speak to police without an attorney present, ever. Cops know this, and in the vast majority of cases I’m sure they would leave you alone with nothing more than some dirty looks. Of course, it’s theoretically possible that they might respond to that affront by violating your rights in some way, particularly if you aren’t white, But then, they might do that if you speak to them, too.
Cops can legally lie to you if you are not under arrest. If they came banging on my door asking me when was the last time I saw someone and they told me that it was urgent because they were missing, I wouldn’t believe them for a second. There is no way I would talk without a lawyer.
If I knew that they were looking someone that I knew was was truly in peril, I’d take the chance and answer them. Short of me knowing that time was really of the essence, they can fuck off until I have council.
You don’t because if you ask a direct question like, “Am I being detained?” they don’t answer your question. They’ll say things like, “Why don’t you want to answer my question?” or worse say that invoking your 5th Amendment right is “Obstruction”. I’m sure if you ask, “Am I a suspect?” they’ll do some BS like not answering you directly or lying and saying, “No you’re not.”
Maybe you could ask your lawyer
Taking a late shot at responding to the OP:
This came up with a quick Google. It speaks to the OP, but from the other end of the equation.
https://pressbooks.bccampus.ca/criminalinvestigation/chapter/chapter-7-witness-management/
See:
Topic 4: The Witness/Suspect Dilemma
Excerpting:
Although the circumstances vary, it is a common occurrence that crimes are reported by a perpetrator posing as a victim or a witness. Crimes, such as break-and-entry and motor vehicle thefts, are quite often insurance frauds. Other crimes, including murder, have also had the offender make the report as a witness to explain their presence at the crime scene and avoid being considered as a suspect. Being aware of this possibility requires investigators to undertake a process of validating the reported crime and assessing the information being reported by witnesses or victims as a routine part of their investigation.
The import of this, ISTM, is to say that LEOs are often trying to figure out the same thing.
So you not only need to know which they might think you are, but you also may need to get a sense of whether or not they’re still trying to figure that one out.
I didn’t read the rest of that page. You may find more salient information there.
One of those “Don’t talk” videos I saw once-upon-a-time addressed this. If you ask “Am I being detained?” and don’t get a clear answer, then just turn and try to walk away. If the cops physically prevent you from doing so, then you’re detained.
And when they put a .40 caliber round through the back of your head you’ll know for sure.
And if Black, be arrested for “resisting arrest”.
The way things is going these days, I’d expect if you’re Black, Bill_Door’s outcome would be the more likely. Either way, yes, then you’ll know for sure. I think the .40 caliber response is by far the more convincing.