Is there any case law where a defendant alleges that he was improperly advised of his Miranda rights by a police investigator during an interview?

California, United States of America


The following excerpt is from People v. Hart, 20 Cal.4th 546, 85 Cal.Rptr.2d 132, 976 P.2d 683 (Cal. 1999):

Defendant contends that the investigators improperly failed to advise defendant of his rights under Miranda v. Arizona, supra, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, prior to questioning him. As a result, according to defendant, he "unknowingly provided the officers with evidence which later was used against him, including his statements and tangible evidence," such as the appointment book. Defendant alleges that such evidence was the "fruit of the poisonous tree," and

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