What is the Miranda right of a defendant who has not been questioned in custody?
California, United States of America
The following excerpt is from The People v. Aguilar, G042349, No. 06SF014 (Cal. App. 2010):
"Absent 'custodial interrogation, ' Miranda simply does not come into play. [Citations.] Miranda does not 'prohibit the police from merely listening to... voluntary, volunteered statements' uttered by a person, whether or not in custody, 'and using them against him at the trial'.... [Citation.] Hence if 'custodial interrogation' is lacking, Miranda rights are not implicated...." (People v. Mickey, supra, 54 Cal.3d at p. 648.)
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