Does the trial court err in admitting a defendant's statements to police prior to being advised of his rights?
California, United States of America
The following excerpt is from People v. Garcia, G054032 (Cal. App. 2018):
would not have thought he or she was in custody. Accordingly, we find the trial court did not err in admitting defendant's statements to police prior to being advised of his rights. The objective circumstances surrounding the questioning would not have conveyed to a reasonable person that he or she was not free to leave. The deputies did not create an atmosphere equivalent to formal arrest. (See People v. Saldana, supra, 19 Cal.App.4th at p. 438.)
2. Voluntariness
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