What is the Miranda requirement for police officers to admonish suspects of their Fifth Amendment rights?

California, United States of America


The following excerpt is from People v. Vaughn, F074750 (Cal. App. 2019):

" 'Miranda requires that a criminal suspect be admonished of specified Fifth Amendment rights.' " (People v. Whitfield (1996) 46 Cal.App.4th 947, 953.) " 'But in order to invoke its protections, a suspect must be subjected to custodial interrogation ....' [Citation.]" (Ibid.) " 'Thus two requirements must be met before Miranda is applicable; the suspect must be in "custody," and the questioning must meet the legal definition of "interrogation." ' [Citation]."5 (Ibid.)

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