How does the Miranda Rule apply to interrogating a suspect?

California, United States of America


The following excerpt is from People v. Wickersham, F062477 (Cal. App. 2013):

To protect the Fifth Amendment privilege against self-incrimination, a person must first be advised of the right to remain silent, to the presence of counsel, and to appointment of counsel, if indigent. Police are free to interrogate a suspect as long as the suspect knowingly and intelligently waives these rights. Questioning must cease if the suspect invokes his or her rights at any time during the interrogation. Statements obtained in violation of Miranda are inadmissible. To invoke the privilege after it has been waived, the suspect must unambiguously assert his or her right to silence or counsel. (People v. Stitely (2005) 35 Cal.4th 514, 535.)

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