Is a suspect entitled to be advised of his Fifth Amendment privilege against self-incrimination?

California, United States of America


The following excerpt is from People v. Garcia, B300914 (Cal. App. 2021):

To safeguard a suspect's Fifth Amendment privilege against self-incrimination from the inherently compelling pressures of custodial interrogation (Miranda, supra, 384 U.S. at p. 467), the high court adopted a set of prophylactic measures requiring law enforcement officers to advise an accused of his right to remain silent and to have counsel present prior to any custodial interrogation (id. at pp. 444-445).' [Citation.] A suspect who has heard and understood these rights may waive them. [Citations.] (People v. Leon (2020) 8 Cal.5th 831, 842-843 (Leon).)

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