Is a statement obtained as a result of a "custodial interrogation" admissible?
California, United States of America
The following excerpt is from People v. Misun Yoo, B294144 (Cal. App. 2020):
A suspect's statement obtained as the result of a "custodial interrogation" is not admissible absent a knowing and intelligent waiver of the right to remain silent, the right to presence of an attorney and, in the case of an indigent suspect, the right to appointed counsel. (People v. Elizalde (2015) 61 Cal.4th 523, 541 (Elizalde).) "Miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent." (Rhode Island
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