Does a conversation between a police officer and a suspect in custody constitute interrogation?
California, United States of America
The following excerpt is from People v. Soto, H042397 (Cal. App. 2018):
at p. 301, fn. omitted.) Consistent with this definition, " '[n]ot all conversation between an officer and a suspect constitutes interrogation. The police may speak to a suspect in custody as long as the speech would not reasonably be construed as calling for an incriminating response.' " (People v. Hensley (2014) 59 Cal.4th 788, 810-811, quoting People v. Clark, supra, 5 Cal.4th at p. 985.)
"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
Does a custodial interrogation during an interview with a police officer constitute a constitutional violation? (California, United States of America)
Does questioning of a police officer during a custodial interrogation constitute an interrogation designed to gather evidence? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
In what circumstances will police officers be allowed to question a suspect in custody if the suspect offers to show a gun to officers? (California, United States of America)
When a police officer stops and questions a suspect where there is less than probable cause to arrest the suspect, can the officer issue a Miranda warning? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
Can a defendant's claim that he was in custody during a pre-arranged encounter with a police officer that resulted in a custodial interrogation? (California, United States of America)
Is a police officer required to warn a suspect in police custody of their Miranda rights? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Does the admission of a tape recording of a defendant's phone conversation with a police officer and the testimony of Officer Simonds violate his Sixth Amendment rights? (California, United States of America)
