What is the current interpretation of the Miranda Rule on preliminary inquiries?

California, United States of America


The following excerpt is from People v. Thomas, B217439, No. BA330242 (Cal. App. 2010):

The rule excluding preliminary inquiries from the scope of Miranda "recognizes the value of routine and nonintrusive police inquiry before arrests and accusations are made. Such inquiry serves to minimize mistakes and protect the innocent.... 'One of the primary purposes of preliminary questioning is to separate a group of persons possibly involved in a crime into those who should and those who should not be arrestedto decide whether all, some, or none should be charged. To turn all such questioning into custodial interrogation, requiring Miranda warnings in all cases, may help those eventually charged. But, it could also seriously interfere with the process of information gathering and on occasion force the police to cast their net of arrest too wide,

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significantly interfering with the liberty of the innocent.'" (People v. Morris, supra, 53 Cal.3d at p. 198.)

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