What are the implications of a defendant's failure to bring a motion for a hearing on a Defendant's Miranda rights claim?

California, United States of America


The following excerpt is from The PEOPLE V. WILLIAMS, No. A 579310-01, S029490 (Cal. 2010):

Defendant arguably forfeited his claims based upon Miranda, supra, 384 U.S. 436, because he did not raise them in the trial court. (See People v. Rundle (2008) 43 Cal.4th 76, 116, 121, disapproved on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.) The hearing conducted to determine the admissibility of the statements was held on the People's motion. At the hearing, defense counsel did not argue that the officers had violated rights secured by Miranda.

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