Does a defendant have standing to assert that another person's Fifth Amendment privilege was violated under the Miranda Act?

California, United States of America


The following excerpt is from People v. Ramirez, B267429 (Cal. App. 2017):

5. A defendant does not have standing to assert the violation of another person's Fifth Amendment privilege as protected under Miranda, with the exception that a defendant may object to statements obtained from a third party by coercive police tactics. (See People v. Varnum (1967) 66 Cal.2d 808, 812-813; People v. Enriquez (1982) 132 Cal.App.3d 784, 792-793.)

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