What is the current state of the law in the context of the Fifth Amendment?

California, United States of America


The following excerpt is from People v. Elizalde, 189 Cal.Rptr.3d 518, 351 P.3d 1010, 61 Cal.4th 523 (Cal. 2015):

It is no answer that the questions are necessary to meet police administrative concerns. The fact remains that unadmonished custodial interrogation implicates the Fifth Amendment. (Miranda, supra, 384 U.S. at pp. 444, 458, 461, 467, 86 S.Ct. 1602 ; accord, United States v. Patane (2004) 542 U.S. 630, 639, 124 S.Ct. 2620, 159 L.Ed.2d 667 ; Dickerson v. United States (2000) 530 U.S. 428, 435, 120 S.Ct. 2326, 147 L.Ed.2d 405 ; Oregon v. Elstad (1985) 470 U.S. 298, 307, 105 S.Ct. 1285, 84 L.Ed.2d 222.) Any number of questions posed to arrestees, such as whether

[351 P.3d 1019]

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