Is a police officer required to warn a suspect in police custody of their Miranda rights?

California, United States of America


The following excerpt is from People v. Hamel, G052068 (Cal. App. 2017):

Miranda requires officers to admonish suspects in police custody of certain rights, including the right to remain silent, to safeguard the Fifth Amendment's guarantee against self-incrimination. (See Miranda, supra, 384 U.S. at pp. 473-474 [suspect also must be advised of right to an attorney and that statements can be used against her in court].) These warnings are designed to "compensate for the coercive pressures inherent in a custodial interview." (Pilster, supra, 138 Cal.App.4th at p. 1405.) The prosecution may not use in its case-in-chief statements elicited during custodial interrogations unless

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preceded by a valid waiver of the defendant's Miranda rights. (People v. Mickey (1991) 54 Cal.3d 612, 647-648.)

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