In what circumstances will a defendant be questioned by police on a charge of unlawful lodging?

California, United States of America


The following excerpt is from People v. Lopez, 153 Cal.Rptr. 541, 90 Cal.App.3d 711 (Cal. App. 1979):

In People v. Lyons, 18 Cal.App.3d 760, 96 Cal.Rptr. 76, the court upheld a second interrogation in which a defendant had first been arrested on a Penal Code 647i charge and declined to talk about that charge. He was subsequently interrogated on a robbery charge. The court noted that there was no evidence that his arrest on the misdemeanor charge was a subterfuge, that the officer who arrested him on the misdemeanor had no knowledge that he was implicated in a robbery and that the officer who interrogated him on the robbery had no knowledge that the defendant had refused to discuss the unlawful lodging charge after a Miranda advisement. The court noted the total absence of any coercive police tactics and approved the second interrogation noting that it was important to proper law enforcement that the police be able to ascertain at the earliest possible moment whether their attention is being directed at the wrong person and that it may be equally important to the suspect who may be perfectly willing to discuss the subsequently discovered charge or may even have an alibi or other defense which prompt inquiry could establish.

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