Does a delay in reading a defendant's Miranda have the effect of coercing him to give a statement?

California, United States of America


The following excerpt is from People v. Rigmaden, C071533 (Cal. App. 2015):

Defendant relies on Missouri v. Seibert (2004) 542 U.S. 600 [159 L.Ed.2d 643], where the police waited until after the defendant confessed to give Miranda advisements. Nothing similar happened here. Before the advisement, defendant was not questioned about the crimes and made no incriminating statements. The delay in reading defendant his rights was not used to coerce him, nor did it have the effect of doing so. A good deal of the time he was in custody before the interrogation, defendant was eating pizza. Any pressure defendant felt to talk to the police came from his father, not law enforcement. Defendant's arguments to the contrary fail.

Other Questions


What is the effect of section 27706(a) of the California Criminal Code on the appointment of a public defender to defend a defendant in an appeal from a misdemeanor conviction? (California, United States of America)
Is counsel incompetent in denying a defendant's motion to exclude his statements to the police in violation of Miranda v. Miranda? (California, United States of America)
What is the effect of reading a defendant's Miranda rights? (California, United States of America)
When reviewing the voluntariness of a defendant's statements, or of improper police conduct, is the Miranda waiver violation or Miranda waiver violated? (California, United States of America)
Can a defendant exclude a statement made by the Defendant under the Miranda Rule? (California, United States of America)
How have the courts interpreted the Miranda Miranda Miranda Statement? (California, United States of America)
What is the effect of a court ruling that a defendant did not receive a Miranda warning? (California, United States of America)
How have the courts treated a motion to exclude statements that allege that a defendant was questioned in violation of Miranda? (California, United States of America)
Is there any case law where a defendant is seeking to suppress his statements to the police on Miranda grounds? (California, United States of America)
What is the effect of police questioning a defendant in an interview room without advising him of his Miranda rights? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.