Can a motion to suppress evidence be brought on the basis that it was obtained as the fruit of a Miranda violation?
California, United States of America
The following excerpt is from People v. Herdan, 116 Cal.Rptr. 641, 42 Cal.App.3d 300 (Cal. App. 1974):
6 Section 1538.5 of the Penal Code is a proper vehicle for bringing a motion to suppress evidence on the ground that it was obtained as the fruit of a Miranda violation. (People v. Superior Court (Mahle), 3 Cal.App.3d 476, 484, 83 Cal.Rptr. 771.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for denying a motion to suppress evidence because the evidence subsequently obtained was "fruit of the poisonous tree"? (California, United States of America)
If the police violate a defendant's Fourth Amendment rights before obtaining consent, can the evidence obtained as a result of the search be suppressed? (California, United States of America)
Can a defendant bring a motion to suppress his confession on the grounds that it was obtained in violation of Miranda? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the test for suppression of evidence? (California, United States of America)
What is the test for a motion to suppress evidence based upon a Miranda violation? (California, United States of America)
Is there any case law where evidence of a burglary was suppressed or suppressed because the evidence was obtained by police officers who entered the yard without a warrant? (California, United States of America)
What is the test for a motion to suppress a second statement to the police as obtained in violation of the Miranda privacy law? (California, United States of America)
What is the test for suppressing evidence in a motion to suppress evidence? (California, United States of America)
What is the burden of demonstrating the inadmissibility of evidence in a motion to suppress evidence obtained in a search pursuant to a warrant? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the effect of the denial of suppress evidence? (California, United States of America)
