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

California, United States of America


The following excerpt is from People v. Huizar, E072579 (Cal. App. 2020):

" 'In order to invoke the Fifth Amendment privilege after it has been waived, and in order to halt police questioning after it has begun, the suspect "must unambiguously" assert his right to silence or counsel. [Citation.] It is not enough for a reasonable police officer to understand that the suspect might be invoking his rights. [Citation.] Faced with an ambiguous or equivocal statement, law enforcement officers are not required under Miranda, supra, 384 U.S. 436, either to ask clarifying questions or to cease questioning altogether.' [Citations.] Because defendant's statements are undisputed, we independently determine whether he unambiguously asserted his right to counsel." (People v. Suff (2014) 58 Cal.4th 1013, 1068.)

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