California, United States of America
The following excerpt is from People v. Velez, 144 Cal.App.3d 558, 192 Cal.Rptr. 686 (Cal. App. 1983):
1 Evidence Code section 402 provides: "(a) When the existence of a preliminary fact is disputed, its existence or non-existence shall be determined as provided in this article. [p] (b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any party so requests. [p] (c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute."
2 Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.
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