What is considered an involuntary confession when the suspect waives his Miranda right?

California, United States of America


The following excerpt is from People v. Cardenas, C069229 (Cal. App. 2018):

Even when a suspect waives his Miranda rights, a confession may be deemed to be involuntary when the police, using physical or psychological coercion, undermine a suspect's ability to exercise free will. (Colorado v. Connelly (1986) 479 U.S. 157, 165-167 [93 L.Ed.2d 473].) Factors such as the suspect's age and IQ are relevant. (Ibid.)

Other Questions


Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
Does a suspect who has received and understood the Miranda warning, and has not invoked his Miranda rights, waives his right to remain silent by making an uncoerced statement to the police? (California, United States of America)
How has the court interpreted the Miranda rights of a minor who, as a minor, waived his Miranda right to be arrested? (California, United States of America)
If a suspect waives his Miranda right to remain silent or counsel during an interview, can the police force continue to question the suspect? (California, United States of America)
If a suspect waives his Miranda right to remain silent during an interrogation, can the suspect remain silent? (California, United States of America)
How have courts interpreted the Miranda rights of a suspect who waives their right to counsel? (California, United States of America)
Can a police officer improperly coerce a suspect to waive his Miranda rights? (California, United States of America)
Under what procedural safeguards under the Miranda Miranda, or otherwise, does a suspect have to be warned that he has a right to remain silent, that any statement he makes may be used as evidence against him? (California, United States of America)
In what circumstances will a police officer be permitted to explain to a suspect that they want to waive their Miranda rights? (California, United States of America)
What is the effect of a probation officer's "interview" on an appellant's right to waive his Miranda right? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.