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

California, United States of America


The following excerpt is from People v. McManus, B260306 (Cal. App. 2017):

"Under the familiar requirements of Miranda, designed to assure protection of the federal Constitution's Fifth Amendment privilege against self-incrimination under 'inherently coercive' circumstances, a suspect may not be subjected to custodial interrogation unless he or she knowingly and intelligently has waived the right to remain silent, to the presence of an attorney, and to appointed counsel in the event the suspect is indigent. [Citations.]" (People v. Sims (1993) 5 Cal.4th 405, 440, overruled on another ground in People v. Bradford (1997) 14 Cal.4th 1005, 1039-1040.) A suspect is "in custody" under Miranda if he or she " ' "has been taken into custody or otherwise deprived of his

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