Does a person who is being questioned by a police officer after being taken into custody have a right to remain silent?
California, United States of America
The following excerpt is from People v. Darthart, D057950 (Cal. App. 2012):
A person interrogated by law enforcement officers after being taken into custody must first be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him and that he has a right to the presence of an attorney, either retained or appointed. (Miranda, supra, 384 U.S. 436.) Statements taken in violation of this rule are generally inadmissible. (Stansbury v. California (1994) 511 U.S. 318, 322.)
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