Does a court error not informing a defendant of their Miranda rights?

MultiRegion, United States of America

The following excerpt is from Ethington v. Goldsmith, 857 F.2d 1477 (9th Cir. 1988):

In United States v. Perez, 776 F.2d 797, 798-99 (9th Cir.1985), the trial court had questioned the defendant as to whether the name in the indictment was his true name. The defendant said that it was not, and gave his real name. This court held that "[r]outine gathering of background biographical data does not constitute interrogation sufficient to trigger constitutional protections." Id. at 799. Thus, the court's questioning without informing the defendant of his Miranda rights was not error.

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