What is the current state of the law on "custodial interrogation" of a suspect?

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

Other Questions


What is the current state of the law on "custodial interrogation" in criminal proceedings? (California, United States of America)
What is the current state of the law on "interviewing" a suspect in custody? (California, United States of America)
What is the current state of the law on the use of statements from a custodial interrogation of a defendant? (California, United States of America)
What is the current state of the law on whether police should interrogate a suspect in a murder case where the victim has not yet been found? (California, United States of America)
What is the current state of the law on whether a suspect was in custody for Miranda purposes? (California, United States of America)
What is the current state of the law on the Miranda interrogation? (California, United States of America)
What is the current state of the law on the Miranda rights of a suspect? (California, United States of America)
What is the current state or federal or state law on warrantless vehicle searches for identification? (California, United States of America)
What is the current state of the law on custodial privacy rights? (California, United States of America)
If a suspect waives his Miranda right to remain silent during an interrogation, can the suspect remain silent? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.