What is the standard for reviewing a defendant's claim that their statements were elicited in violation of Miranda?

California, United States of America


The following excerpt is from People v. Cunningham, 108 Cal.Rptr.2d 291, 25 Cal.4th 926, 25 P.3d 519 (Cal. 2001):

Following the adoption of article I, section 28, subdivision (d) of the California Constitution, we have applied federal standards in reviewing a defendant's claim that his or her statements were elicited in violation of Miranda. (People v. Sims, supra, 5 Cal.4th 405, 440, 20 Cal.Rptr.2d 537, 853 P.2d 992.)

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