Does admitting into evidence of volunteered statements by a defendant prior to his having been advised of his rights under the Federal Constitution violate such rights?

California, United States of America


The following excerpt is from People v. Jones, 244 Cal.App.2d 378, 52 Cal.Rptr. 924 (Cal. App. 1966):

The admission into evidence of volunteered statements made by a defendant prior to his having been advised of his rights under the Fifth and Sixth Amendments to the Federal Constitution and before he has been subjected to a course of interrogation does not violate such rights. (Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 1630, 16 L.Ed.2d 694.)

The other statements made by defendant which were received into evidence as he result of police interrogation were made after defendant had been advised as to every right of which it is required that a defendant be advised, except that he was not advised that if he desired counsel and was without funds, counsel would be appointed for him prior to any questioning. Since, however, defendant did not request counsel and the case was tried prior to June 13, 1966, the failure to give that last advice may not be made the basis of reversal. (Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 1781, 16 L.Ed.2d 882.) There was no reversible error in admitting evidence of defendant's statements.

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