How have the courts treated evidence of a defendant's right to remain silent during a search and seizure?

California, United States of America


The following excerpt is from People v. Hoyt, 257 Cal.Rptr.3d 784, 456 P.3d 933, 8 Cal.5th 892 (Cal. 2020):

invoked his right to remain silent before this exchange. Nonetheless, we conclude defendants claim lacks merit. As the high court made clear in Harris v. New York (1971) 401 U.S. 222, 225226, 91 S.Ct. 643, 28 L.Ed.2d 1, "although statements elicited in violation of Miranda are generally not admissible, statements that are otherwise voluntarily made may be used to impeach the defendants trial testimony." ( People v. Case (2018) 5 Cal.5th 1, 18, 233 Cal.Rptr.3d 439, 418 P.3d 360.) Defendant argues that the trial court should have excluded the evidence altogether as a

[456 P.3d 971]

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