Can a police officer improperly coerce a suspect to waive his Miranda rights?

California, United States of America


The following excerpt is from People v. Sims, B271254 (Cal. App. 2017):

improperly coerced, if the evidence conflicts, the version most favorable to the People must be relied upon if supported by the record. [Citations.]" ' [Citation.]" (People v. Tully (2012) 54 Cal.4th 952, 993 (Tully).)

2. Officer Lopez did not impermissibly soften defendant up before he waived his Miranda rights.

Other Questions


Does a suspect who has received and understood the Miranda warning, and has not invoked his Miranda rights, waives his right to remain silent by making an uncoerced statement to the police? (California, United States of America)
In what circumstances will a police officer be permitted to explain to a suspect that they want to waive their Miranda rights? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
Is there any case law where a defendant alleges that he was coerced into waiving his Miranda right by two police officers? (California, United States of America)
If a suspect waives his Miranda right to remain silent or counsel during an interview, can the police force continue to question the suspect? (California, United States of America)
When a police officer stops and questions a suspect where there is less than probable cause to arrest the suspect, can the officer issue a Miranda warning? (California, United States of America)
Is a police officer required to warn a suspect in police custody of their Miranda rights? (California, United States of America)
In what circumstances will a police officer be allowed to question a suspect in custody who had previously invoked his Miranda right? (California, United States of America)
What responsibility does a police officer have in determining whether a suspect waives a substantial right? (California, United States of America)
If a suspect waives his Miranda right to remain silent during an interrogation, can the suspect remain silent? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.