What is the current state of the law on Miranda warnings?

California, United States of America


The following excerpt is from People v. Suarez, 10 Cal.5th 116, 267 Cal.Rptr.3d 418, 471 P.3d 509 (Cal. 2020):

The high court has "never insisted that Miranda warnings be given in the exact form described in that decision." ( Duckworth v. Eagan (1989) 492 U.S. 195, 202, 109 S.Ct. 2875, 106 L.Ed.2d 166.) Rather, "[t]he inquiry is simply whether the warnings reasonably conve[y] to [a suspect] his rights as required by Miranda . " ( Id. at p. 203, 109 S.Ct. 2875.) In Duckworth , the high court concluded that the warnings at issue "touched all of the bases required by Miranda . The police told respondent that he had the right to remain silent, that anything he said could be used against him in court, that he had the right to speak to an attorney before and during questioning, that he had this right to the advice and presence of a lawyer even if [he could] not afford to hire one, and that he had the right to stop answering at any time until [he] talked to a lawyer. " ( Ibid . )

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