In what circumstances will police officers be allowed to question a suspect in custody if the suspect offers to show a gun to officers?

California, United States of America


The following excerpt is from People v. Claxton, 129 Cal.App.3d 638, 181 Cal.Rptr. 281 (Cal. App. 1982):

In Rhode Island v. Innis, supra, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297, the defendant, suspected of robbery and murder, was in the custody of the police who were under orders not to question or threaten him. On the way to the police station the officers engaged in conversation between themselves regarding the location of the gun used in the crimes. They expressed the fear that the loaded gun might be found by children in the area. The [129 Cal.App.3d 654] suspect interrupted and offered to show the officers the gun. He then led them to the weapon and made incriminating statements after further warnings concerning his rights. The court held the conversation not to be custodial interrogation. However, in defining interrogation, the court went on to say:

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