Is a defendant who is in custody entitled to a Miranda warning?

California, United States of America


The following excerpt is from In re Augustine, B294695 (Cal. App. 2020):

"A defendant who is in custody . . . must be given Miranda warnings before police officers may interrogate him." (People v. Haley (2004) 34 Cal.4th 283, 300.) "'[C]ustody' is a term of art

Page 21

Other Questions


How has the court interpreted Miranda warnings in determining that defendant was not in custody? (California, United States of America)
Is a defendant who is in custody given a Miranda warning before police can interrogate him? (California, United States of America)
When a defendant is held in custody before his sentence is due, is he entitled to time to serve his sentence as a result of the time he was in custody? (California, United States of America)
Is a defendant entitled to a Miranda warning? (California, United States of America)
Does a defendant who is in custody have to be given a Miranda warning before police officers can interrogate him? (California, United States of America)
What is the current state of the law in the context of the Miranda Miranda Miranda warning? (California, United States of America)
Is it a violation of due process and fundamental fairness to impeach a defendant's postarrest silence following a Miranda warning? (California, United States of America)
How have the courts interpreted the Miranda Miranda Miranda Statement? (California, United States of America)
Is a defendant's in-custody statements that he used abusive and threatening language to a witness during a period of time in custody admissible? (California, United States of America)
Is counsel incompetent in denying a defendant's motion to exclude his statements to the police in violation of Miranda v. Miranda? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.