California, United States of America
The following excerpt is from People v. Gardea, C078142 (Cal. App. 2020):
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." (Id. at p. 444, italics added.) As the court's later opinions have explained, police officers conduct a "custodial interrogation" when, after taking a suspect into custody or " 'otherwise depriv[ing] [that person] of his freedom of action in any significant way,' " they say any words or take any actions "(other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect." (Rhode Island v. Innis (1980) 446 U.S. 291, 298, 301.)4
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