Does the Miranda Rule apply when a defendant is removed from the prison population and questioned by police about unrelated crime occurring outside prison?

California, United States of America


The following excerpt is from People v. Nuno, 2d Crim. No. B267882 (Cal. App. 2018):

U.S. 499, 502, 508 [questioning of prisoner may not be custodial when prisoner removed from prison population and questioned about unrelated crime occurring outside prison].) "Because the dual elements of a police-dominated atmosphere and compulsion are absent when the defendant is unaware that he is speaking to a law enforcement officer, however, Miranda is inapplicable when the defendant does not know that the person he is talking to is an agent of the police." (People v. Davis (2005) 36 Cal.4th 510, 554.)

Other Questions


Can the police conduct post-examination questioning on a defendant who has waived his Miranda right? (California, United States of America)
If a defendant harbored the intent to kill at the outset, and committed the same crime at the start of the crime, will the special circumstance apply? (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)
If a defendant harbored the intent to kill at the outset, and committed the same crime at the start of the crime, will the special circumstance apply? (California, United States of America)
In what circumstances will a defendant waive his Miranda before being questioned by the police? (California, United States of America)
If a defendant waives his Miranda right in the course of an interview and is subsequently questioned by the police, what is the current state of the law on this issue? (California, United States of America)
Does the concept of unanimity apply to a defendant's motive for committing a crime or the theory underlying the crime? (California, United States of America)
In what circumstances has a defendant been released from prison for a crime committed by a police informant? (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)
Is there any case law where a defendant agreed to an interview at the police station and was then questioned by detectives about a break-in at the time of the crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.