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 People v. Joshua P. (In re Joshua P.), B258606 (Cal. App. 2015):

As set forth in Miranda, supra, 384 U.S. at page 444, "the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." The "special procedural safeguards outlined in Miranda are required not where a suspect is simply taken into custody, but rather where a suspect in custody is subjected to interrogation. 'Interrogation,' as conceptualized in the Miranda opinion, must reflect a measure of compulsion above and beyond that inherent in custody itself." (Rhode Island v. Innis (1980) 446 U.S. 291, 300.) The "term 'interrogation' under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than

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