What is the effect of an unreasonable booking interview on a murder suspect?

California, United States of America


The following excerpt is from People v. Rucker, 162 Cal.Rptr. 13, 26 Cal.3d 368, 605 P.2d 843 (Cal. 1980):

It is not just the nature of the information revealed but the potential for incrimination under all the circumstances that is important. In the present case, appellant had been arrested for a homicide. Homicide is " 'an area permeated with criminal statutes,' " and those arrested for murder are, for purposes of the privilege, "a group 'inherently suspect of criminal activities.' " (See Marchetti v. United States, supra, 390 U.S. at p. 47, 88 S.Ct. at p. 702.) As the present case illustrates, the hazards of incrimination from an unreasonable booking interview are not "trifling or imaginary." 17

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