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

California, United States of America


The following excerpt is from People v. Carranza, G049866 (Cal. App. 2015):

Miranda warnings are required only when a person is subjected to "custodial interrogation." (Miranda, supra, 384 U.S. at p. 444.) "Custody" includes both actual custody and any situation in which a person has been deprived of his freedom of action in any significant way. (People v. Mickey (1991) 54 Cal.3d 612, 648.)

Interrogation, for purposes of Miranda, "refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect. The latter portion of this definition focuses primarily upon the perceptions of the suspect, rather than the intent of the police." (Rhode Island v. Innis (1980) 446 U.S. 291, 301, fn. omitted.)

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