What is the current state of the law on "routine booking question" in criminal cases?

California, United States of America


The following excerpt is from The People v. Batchelor, B216798, No. BA338630 (Cal. App. 2010):

v. Quiroga (1993) 16 Cal.App.4th 961, 967; see Pennsylvania v. Muniz (1990) 496 U.S. 582, 601, 602, fn. 14 [110 S.Ct. 2638, 110 L.Ed.2d 528] [recognizing a "'routine booking question' exception" for questions not designed to elicit incriminating admissions] (plur. opn.).) "The test is an objective one,... the subjective intent of the police, while relevant, is not conclusive." (United States v. Booth (9th Cir. 1981) 669 F.2d 1231, 1238.)

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