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

California, United States of America


The following excerpt is from People v. Bonilla, F062175 (Cal. App. 2012):

"Pursuant to Miranda, supra, 384 U.S. 436, 'a suspect [may] not be subjected to custodial interrogation unless he or she knowingly and intelligently has waived the right to remain silent, to the presence of an attorney, and, if indigent, to appointed counsel.' [Citations.]" (People v. Dykes (2009) 46 Cal.4th 731, 751.) "Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease.... If the individual states that he wants an attorney, the interrogation must cease until an attorney is present." (Miranda, supra, 384 U.S. at pp. 473-474, fn. omitted.)

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