What is the test for determining whether a defendant's statements were elicited in violation of the Miranda Act?

California, United States of America


The following excerpt is from People v. Gomez, E056133 (Cal. App. 2013):

In reviewing whether defendant's statements were elicited in violation of Miranda, we apply federal standards. (People v. Bradford (1997) 14 Cal.4th 1005, 1033.) Additionally, "we accept the trial court's resolution of disputed facts and inferences, and its evaluation of credibility, if supported by substantial evidence. [Citation.] Although we independently determine whether, from the undisputed facts and

Page 10

those properly found by the trial court, the challenged statements were illegally obtained (ibid.), we '"give great weight to the considered conclusions" of a lower court that has previously reviewed the same evidence.' [Citations.]" (People v. Wash (1993) 6 Cal.4th 215, 235-236.) Once the facts have been determined, we review the decision to admit the statements under the de novo standard of review, where we independently determine whether the statements were lawfully admitted into evidence. (People v. Weaver (2001) 26 Cal.4th 876, 918.)

Other Questions


What is the test for determining whether a defendant's statements were elicited from him in violation of the Miranda code? (California, United States of America)
When reviewing the voluntariness of a defendant's statements, or of improper police conduct, is the Miranda waiver violation or Miranda waiver violated? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a statement was obtained in violation of Miranda? (California, United States of America)
Can a defendant's statements elicited in violation of the Miranda code be used at trial to rebut a sanity defense? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the standard for reviewing a defendant's claim that their statements were elicited in violation of Miranda? (California, United States of America)
Is counsel incompetent in denying a defendant's motion to exclude his statements to the police in violation of Miranda v. Miranda? (California, United States of America)
In reviewing a finding that Miranda was violated, what is the test for determining whether a statement was illegally obtained? (California, United States of America)
What is the test for determining whether a statement was obtained in violation of Miranda? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.