What is the current state of the law on the use of statements from a custodial interrogation of a defendant?

California, United States of America


The following excerpt is from Bonnie H., In re, 56 Cal.App.4th 563, 65 Cal.Rptr.2d 513 (Cal. App. 1997):

"... [T]he prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.... Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently." (Miranda v. Arizona, supra, 384 U.S. at p. 444, 86 S.Ct. at p. 1612.)

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