What is the current state of the law on "custodial interrogation" in criminal proceedings?

California, United States of America


The following excerpt is from People v. Settle, B288503 (Cal. App. 2019):

Miranda admonitions (advising a defendant of his or her right to remain silent, to the presence of an attorney and, if indigent, to appointed counsel) must be given, and a suspect in custody must knowingly and intelligently waive those rights before being subjected to either express questioning or its "functional equivalent." (Rhode Island v. Innis (1980) 446 U.S. 291, 300-301 [100 S.Ct. 1682, 64 L.Ed.2d 297]; People v. Ray (1996) 13 Cal.4th 313, 336.) "By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." (Miranda, supra, 384 U.S. at p. 444.)

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