Can a suspect be advised of his right to remain silent during questioning by the police?

California, United States of America


The following excerpt is from People v. Martinez, 233 Cal.App.2d 251, 43 Cal.Rptr. 630 (Cal. App. 1965):

People v. Dorado held that '* * * when the investigatory stage has become an accusatory one, that is, when it has begun to focus on a particular suspect, the suspect has been taken into police custody, and the police have carried out a process of interrogations that lends itself to eliciting incriminating statements' then the cuspect must be advised of his right to counsel and of his right to remain silent. (62 A.C. 350, 366, 42 Cal.Rptr. 169, 179, 398 P.2d 361, 371) In this case the defendant made statements to the police on two separate occasions: initially in the patrol car, and later at the police station.

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