What is the current state of the law on "interviewing" a suspect in custody?

California, United States of America


The following excerpt is from People v. Bocanegra, E055487 (Cal. App. 2013):

"Defendants who are in custody must be given Miranda warnings before police officers may interrogate them. [Citation.] . . . '[T]he Miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent. That is to say, the term "interrogation" under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (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. The latter portion of this definition focuses primarily upon the perceptions of the suspect, rather than the intent of the police.' [Citation.] [] '"Clearly, not all conversation between an officer and a suspect constitutes interrogation. The police may speak to a suspect in custody as long as the speech would not reasonably be construed as calling for an incriminating response."' [Citations.]" (People v. Huggins (2006) 38 Cal.4th 175, 198.)

Page 11

"'Interrogation thus refers to questioning initiated by the police or its functional equivalent, not voluntary conversation. [Citation.] "'Volunteered statements of any kind are not barred by the Fifth Amendment . . . .'"' [Citations.] Consequently, the police 'may speak to a suspect in custody as long as the speech would not reasonably be construed as calling for an incriminating response.' [Citation.]" (People v. Gamache (2010) 48 Cal.4th 347, 387-388.)

Other Questions


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 "custodial interrogation" of a suspect? (California, United States of America)
What is the current state of the law on police tactics in dealing with criminal suspects? (California, United States of America)
What is the current state of the law on custodial privacy rights? (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)
If a defendant waives his Miranda right in the course of an interview and is subsequently questioned by the police, what is the current state of the law on this issue? (California, United States of America)
When a parent who has sole physical custody under an existing judicial custody order seeks to relocate, does the court have to determine that the custodial parent's relocation is necessary? (California, United States of America)
When will a non-custodial parent's obligation to pay child support be diminished if the custodial parent has interfered with custody or visitation rights? (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 line confrontations between a suspect and a witness? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.