Can the police use deception in questioning to obtain a valid Miranda waiver?
California, United States of America
The following excerpt is from People v. R.M. (In re R.M.), E068029 (Cal. App. 2018):
We recognize that, once the police have obtained a valid Miranda waiver, they have some leeway to use deception in their interrogation. (People v. Scott (2011) 52 Cal.4th 452, 481 ["The use of deceptive statements during an interrogation does not invalidate a confession as involuntary unless the deception is of a type reasonably likely to produce an untrue statement. [Citations.]") Nevertheless, they cannot use deception to
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