What constitutes a "interrogation" under the Miranda Rule?

California, United States of America


The following excerpt is from People v. Williams, A155671 (Cal. App. 2020):

The term "interrogation" in this context refers both to express questioning and to its functional equivalent, including "words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect." (Rhode Island v.

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Innis (1980) 446 U.S. 291, 300-301, fn omitted.) Typically, Miranda is not implicated when police ask questions related to safety concerns or engage in casual conversations or small talk unrelated to the offense. (People v. Andreasen (2013) 214 Cal.App.4th 70, 87.)

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