In what circumstances will a police officer be allowed to question a suspect in custody who had previously invoked his Miranda right?

California, United States of America


The following excerpt is from People v. Haley, 17 Cal.Rptr.3d 877, 34 Cal.4th 283, 96 P.3d 170 (Cal. 2004):

In People v. Clark (1993) 5 Cal.4th 950, 22 Cal.Rptr.2d 689, 857 P.2d 1099, the defendant was being transported to the hospital by the police to obtain a blood sample. He had previously invoked his Miranda rights. He asked the officers what the penalty was for the murder for which he was under arrest, stating: "`What can someone get for something like this, thirty years?'" (Id. at p. 982, 22 Cal.Rptr.2d 689, 857 P.2d 1099.) The officer responded that he had never seen anyone serve more than seven and a half years unless the person was a "`mass murderer.'" Following this exchange, the defendant confessed. (Ibid.) We held that this conversation did not constitute an interrogation: "Clearly, not all conversation between an officer and a suspect constitutes interrogation. The police may speak to a suspect in custody as long as the speech would not reasonably be construed as calling for an incriminating response." (Id. at p. 985, 22 Cal.Rptr.2d 689, 857 P.2d 1099.) We concluded: "The record does not establish that defendant was subject to `compelling influences, psychological ploys, or direct questioning.' [Citation.]" (Id. at p. 986, 22 Cal.Rptr.2d 689, 857 P.2d 1099.)

Other Questions


In what circumstances will police officers be allowed to question a suspect in custody if the suspect offers to show a gun to officers? (California, United States of America)
When a police officer stops and questions a suspect where there is less than probable cause to arrest the suspect, can the officer issue a Miranda warning? (California, United States of America)
Does a suspect who has received and understood the Miranda warning, and has not invoked his Miranda rights, waives his right to remain silent by making an uncoerced statement to the police? (California, United States of America)
Can a police officer continue to question a suspect after the suspect has invoked his right to counsel? (California, United States of America)
Is a police officer required to warn a suspect in police custody of their Miranda rights? (California, United States of America)
If a suspect waives his Miranda right to remain silent or counsel during an interview, can the police force continue to question the suspect? (California, United States of America)
What are the consequences of not invoking his Miranda right to end questioning after hearing his Miranda rights? (California, United States of America)
What is the effect of a police officer's lack of knowledge that a suspect had previously invoked his right to counsel? (California, United States of America)
In what circumstances will a police officer be permitted to explain to a suspect that they want to waive their Miranda rights? (California, United States of America)
What is the Miranda rights of a suspect when questioned by a police officer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.