What is the Miranda right of a suspect to remain silent?

California, United States of America


The following excerpt is from People v. Gomez, No. G041837 (Cal. App. 4/22/2010), No. G041837. (Cal. App. 2010):

"Under Miranda and the long line of cases following it, a suspect cannot be subjected to custodial interrogation unless there has been a knowing and intelligent waiver of the rights to remain silent, to the presence of an attorney, and, if indigent, to the appointment of counsel; and `police interrogation must cease once the defendant, by words or conduct, demonstrates a desire to invoke his right to remain silent, or to consult with an attorney.' [Citations.]" (People v. Davis (2009) 46 Cal.4th 539, 585.)

"Under the Fourth Amendment, . . . a policeman who lacks probable cause but whose `observations lead him reasonably to suspect' that a particular person has committed, is committing, or is about to commit a crime, may detain that person briefly in order to `investigate the circumstances that provoke suspicion.' [Citation.] `[T]he stop and inquiry must be "reasonably related in scope to the justification for their initiation."' [Citation.] Typically, this means that the officer may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer's suspicions." (Berkemer v. McCarty (1984) 468 U.S. 420, 439, fn. omitted.)

Other Questions


If a suspect waives his Miranda right to remain silent during an interrogation, can the suspect remain silent? (California, United States of America)
Does a suspect who has received and understood the Miranda warning, and has not invoked his Miranda rights, waives his right to remain silent by making an uncoerced statement to the police? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
Under what procedural safeguards under the Miranda Miranda, or otherwise, does a suspect have to be warned that he has a right to remain silent, that any statement he makes may be used as evidence against him? (California, United States of America)
If a suspect waives his Miranda right to remain silent or counsel during an interview, can the police force continue to question the suspect? (California, United States of America)
How have the courts interpreted the Miranda right to remain silent? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
Is a police force required to inform a suspect that they have a right to remain silent? (California, United States of America)
Does a defendant have a Miranda right to remain silent during a custodial interrogation? (California, United States of America)
What is the current state of the law on the Miranda right to remain silent? (California, United States of America)
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