How have the courts interpreted the Miranda warning?

California, United States of America


The following excerpt is from People v. Pettingill, 145 Cal.Rptr. 861, 21 Cal.3d 231, 578 P.2d 108 (Cal. 1978):

Finally, in People v. Enriquez (1977) 19 Cal.3d 221, 137 Cal.Rptr. 171, 561 P.2d 261, the defendant was arrested four hours after he was seen inflicting fatal stab wounds to the victim, and was subsequently interrogated in custody. The police gave him the Miranda warnings and asked if he wished to talk about the case. He replied in the affirmative, but immediately thereafter told each of his two interrogators that he wanted a lawyer present before discussing the matter further. Rather than honoring the request, however, the police pressed him not to assert this right. They gave him the Miranda warnings again, and this time he waived his right to counsel. The interrogation proceeded, and the defendant made inculpatory statements.

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