What is the test for a motion to exclude a statement she made to the police while in hospital?
California, United States of America
The following excerpt is from People v. Armstrong, C084207 (Cal. App. 2018):
On appeal, defendant contends the trial court prejudicially erred in denying her Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694] (Miranda) motion to exclude a statement she made to the police while in the hospital. Finding defendant was not in custody when she made the statement, we shall affirm.
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