In what circumstances will a defendant waive his right to make statements to a psychiatrist?
California, United States of America
The following excerpt is from People v. Jacobo, 230 Cal.App.3d 1416, 281 Cal.Rptr. 750 (Cal. App. 1991):
In People v. Bennett police suspected the defendant murdered his missing wife. They advised him of his rights, he waived his rights, and denied involvement. Six weeks later, without any further advisement or waiver, a police psychiatrist questioned defendant. His statements were admitted without a pretrial hearing.
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