Is erroneous admission of statements obtained in violation of the Fifth Amendment reviewed for prejudice?

California, United States of America


The following excerpt is from People v. Virto, B243201 (Cal. App. 2016):

As Elizalde instructs, "[t]he erroneous admission of a defendant's statements obtained in violation of the Fifth Amendment is reviewed for prejudice under the beyond a reasonable doubt standard of Chapman v. California (1967) 386 U.S. 18 [(Chapman)].

Page 37

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