California, United States of America
The following excerpt is from People v. Lewis, 266 Cal.Rptr. 834, 50 Cal.3d 262, 786 P.2d 892 (Cal. 1990):
Defendant faults counsel for not moving to suppress his statements to the police on Miranda grounds at the preliminary hearing. This claim fails at the outset since we have already found no merit in defendant's contention that his statements to the police were obtained in violation of Miranda v. Arizona, supra, 384 U.S. 436, 86 S.Ct. 1602. Moreover, we note that counsel did make a motion for a Evidence Code section 402 hearing on this issue before his trial. The motion was denied.
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