California, United States of America
The following excerpt is from People v. Escalon, F070024 (Cal. App. 2018):
A de novo standard of review is used following a trial court's granting or denial of a motion to suppress a statement under Miranda. (People v. Waidla (2000) 22 Cal.4th 690, 730.) Likewise, we independently review whether a challenged statement was obtained in violation of Miranda (People v. Gurule (2002) 28 Cal.4th 557, 601) and whether a defendant's statements to police were voluntary based on all of the surrounding circumstances. (People v. Benson (1990) 52 Cal.3d 754, 779.)
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