Can police interrogation of an inmate before and after receiving medical treatment at a prison infirmary noncustodial for purposes of Miranda?

California, United States of America


The following excerpt is from People v. Perez, G040939 (Cal. App. 12/11/2009), G040939 (Cal. App. 2009):

Other courts have also found police interrogation of an inmate before and after receiving medical treatment at a prison infirmary noncustodial for purposes of Miranda where police did not impose additional restraints on the inmate's freedom of action. (See, e.g., United States v. Conley (4th Cir. 1985) 779 F.2d 970, 974 [inmate's statements properly admitted although handcuffed during interrogation as his "freedom of movement cannot be characterized as more restricted than that of other prisoners in transit to and from the facility . . . by virtue of his confinement"].)

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