Can a statement obtained in violation of Miranda be used in a criminal case?
California, United States of America
The following excerpt is from People v. R.M. (In re R.M.), E068029 (Cal. App. 2018):
right to an attorney and until the person has validly waived these rights. (Miranda, supra, 384 U.S. at pp. 444-445.) "A statement obtained in violation of Miranda may not be admitted in the prosecution's case-in-chief . . . . [Citations.]" (People v. Guerra (2006) 37 Cal.4th 1067, 1092, disapproved on other grounds in People v. Rundle (2008) 43 Cal.4th 76, 151.)
"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
Can a statement obtained in violation of the Miranda rights be admitted as evidence in a criminal case? (California, United States of America)
Is a statement obtained in violation of a defendant's Miranda right not to be used as evidence in a criminal case? (California, United States of America)
Can a statement obtained without a Miranda clause be used to establish guilt in a criminal case? (California, United States of America)
When reviewing a trial court's decision on the Miranda issue, does the court have to agree that a statement was obtained in violation of the Miranda Act? (California, United States of America)
How have courts interpreted the Miranda rights of a defendant in a case where a confession was obtained in violation of the Miranda Rule? (California, United States of America)
Can a defendant testify on direct from the witness in a criminal case that was obtained in violation of the Miranda rights? (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)
Is there any case law in which a defendant has been found guilty of making incriminatory statements obtained in violation of the Miranda privacy code? (California, United States of America)
Is a statement made in violation of the Miranda code in a criminal case admissible? (California, United States of America)
Does a new criminal conviction for a charge of possession of a drug with intent to commit a criminal offence violate subdivision (e) of the Criminal Code? (California, United States of America)
