What is the current state of the law in the context of the rule of evidence in a criminal case?

"[T]he prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.... As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required. Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right to refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned." (Miranda v. Arizona, supra, 384 U.S. at pp. 444-445, 86 S.Ct. at p. 1612.)

[17 Cal.4th 1211] By taking this approach, the court in Miranda intended to provide standards for law enforcement agencies and their officers and also to furnish principles for trial courts, and did in fact do so. (Miranda v. Arizona, supra, 384 U.S. at pp. 441-442, 86 S.Ct. at p. 1611.)

In order to govern proceedings in the courtroom, the court in Miranda declared the rule of evidence quoted above. It fashioned it as one of exclusion. It made admissibility depend on certain "prerequisites." (Miranda v. Arizona, supra, 384 U.S. at p. 476, 86 S.Ct. at p. 1628.)