What is the current state of the law in the context of the Miranda rights test?

California, United States of America


The following excerpt is from Griffin v. Superior Court, 103 Cal.Rptr. 379, 26 Cal.App.3d 672 (Cal. App. 1972):

". . . If the individual states that he wants an attorney, the interrogation must cease until an attorney is present.' (Citation.) In People v. Randall, Supra, 1 Cal.3d 948, 954, 83 Cal.Rptr. 658, 662, 464 P.2d 114, 118, we observed that 'This obligation on the police to entirely terminate custodial interrogation upon invocation of the Fifth Amendment privilege is one of the primary 'protective devices' fashioned by Miranda (Fn. omitted.)'

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