California, United States of America
The following excerpt is from People v. Jelks, B280897 (Cal. App. 2018):
"To protect the constitutional privilege against self-incrimination, the Miranda rule requires that before the police may question the defendant during a custodial interrogation, the defendant must be advised of the right to remain silent and to an attorney and that any statements made may be used against him or her in court." (People v. Andreasen (2013) 214 Cal.App.4th 70, 86 (Andreasen).) "The prophylactic Miranda protections are triggered only if a defendant is subjected to a custodial interrogation. [Citation.] Interrogation refers not only to express questioning, but also to its functional equivalent; i.e., "'any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are
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