Is there any case law where the trial court admitted evidence of evidence from two separate police interviews in violation of the Miranda principles?

California, United States of America


The following excerpt is from People v. Alfano, 2d Crim. No. B258685 (Cal. App. 2016):

Alfano and Delange argue that the trial court committed prejudicial error, in violation of Miranda principles, by admitting evidence of their respective police interviews. Alfano and Delange fault the Miranda advisements because, as given, they did not specifically advise that the defendants could consult an attorney before and during questioning, and that an attorney could be physically present during the questioning. (People v. Stitely (2005) 35 Cal.4th 514, 535 ["[A] person undergoing a custodial interrogation must first be advised of his right to remain silent, to the presence of counsel, and to appointed counsel, if indigent"].)

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