What is the current state of the law on Miranda rights?

"A defendant has not invoked his or her right to silence when the defendant's statements were merely expressions of passing frustration or animosity toward the officers, or amounted only to a refusal to discuss a particular subject covered by the questioning. [Citations.]" (People v. Rundle (2008) 43 Cal.4th 76, 115, disapproved on other grounds by People v. Doolin (2009) 45 Cal.4th 390.) "A defendant may indicate an unwillingness to discuss certain subjects without manifesting a desire to terminate 'an interrogation already in progress.' [Citation.]" (People v. Silva (1988) 45 Cal.3d 604, 629-630.)

" 'Whether the suspect has indeed invoked that right, however, is a question of fact to be decided in the light of all the circumstances ....' [Citation.] We have also said that ' "[a] desire to halt the interrogation may be indicated in a variety of ways," ' [citation] and that the words used ' "must be construed in context." ' [Citation.]" (People v. Musselwhite (1998) 17 Cal.4th 1216, 1238.)

"In reviewing Miranda issues on appeal, we accept the trial court's resolution of disputed facts and inferences as well as its evaluations of credibility if substantially supported, but independently determine from undisputed facts and facts found by the trial court whether the challenged statement was legally obtained. [Citations.]" (People v. Smith (2007) 40 Cal.4th 483, 502.)