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

"The Fifth Amendment provides that '[n]o person . . . shall be compelled in any criminal case to be a witness against himself.' [Citations.] To safeguard a suspect's Fifth Amendment privilege against self-incrimination from the 'inherently compelling pressures' of custodial interrogation [citation], the high court adopted a set of prophylactic measures requiring law enforcement officers to advise an accused of his right to remain silent and to have counsel present prior to any custodial interrogation [citation]." (People v. Jackson (2016) 1 Cal.5th 269, 339.) "A statement obtained in violation of a suspect's Miranda rights may not be admitted to establish guilt in a criminal case. [Citation.]" (Ibid.)

In determining whether a suspect is in custody for purposes of Miranda, "the ultimate inquiry is simply whether there is a 'formal arrest or restraint on freedom of movement' of the degree associated with a formal arrest. [Citation.]" (California v. Beheler (1983) 463 U.S. 1121, 1125)