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. David A., B230223 (Cal. App. 2011):

"The court further held in Miranda that if the suspect indicates that he or she does not wish to speak to the officer or wants to have counsel present at questioning, the officer must end the interrogation." (People v. Neal (2003) 31 Cal.4th 63, 67.) "'[I]f the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. . . .' [Citation.]" (Id. at p. 80.)

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