Is a statement obtained in violation of a defendant's Miranda right not to be used as evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Smith, 31 Cal.App.4th 1185, 37 Cal.Rptr.2d 524 (Cal. App. 1995):

Similarly, statements otherwise admissible as admissions, if obtained in violation of a defendant's Miranda rights, may not be used against him at a criminal trial. (Oregon v. Elstad (1985) 470 U.S. 298, 307, 105 S.Ct. 1285, 1291, 84 L.Ed.2d 222 ["unwarned statements that are otherwise voluntary within the meaning of the Fifth Amendment must nevertheless be excluded from evidence under Miranda"].) This, however, is where the similarity ends.

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