Is there any case law where Miranda rights are not defined as "constitutional rights"?
California, United States of America
The following excerpt is from Kelly v. City of Fresno, 159 Cal.App.3d 110, 205 Cal.Rptr. 416 (Cal. App. 1984):
3 In People v. Velez (1983) 144 Cal.App.3d 558, 192 Cal.Rptr. 686, we had an opportunity to hold that Miranda rights were not the rights intended by the use of the words "constitutional rights," but did not do so. Clearly, the right to remain silent is encompassed by these commonly used words.
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