What rights does a suspect have when questioned by the police?

California, United States of America


The following excerpt is from People v. Magana, D074709 (Cal. App. 2019):

" ' "Once a suspect has been properly advised of his [or her] rights, he [or she] may be questioned freely so long as the questioner does not threaten harm or falsely promise benefits. Questioning may include exchanges of information, summaries of evidence, outline of theories of events, confrontation with contradictory facts, even debate between police and suspect . . . . Yet in carrying out their interrogations the police must avoid threats of punishment for the suspect's failure to admit or confess particular facts and must avoid false promises of leniency as a reward for admission or confession . . . ." ' " (People v. Carrington, supra, 47 Cal.4th at p. 170.)

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