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 Brian W., In re, 125 Cal.App.3d 590, 178 Cal.Rptr. 159 (Cal. App. 1981):

Once a suspect indicates in any manner at any time prior to or during questioning that he wishes to remain silent or that he wants an attorney, interrogation must cease and any statement elicited thereafter is inadmissible (People v. Pettingill, 21 Cal.3d 231, 240-241, 145 Cal.Rptr. 861, 578 P.2d 108), however, if the suspect is willing to discuss the case fully after having been taken into custody and advised of his rights, Miranda v. Arizona (1966) 384 U.S. 436, 16 L.Ed.2d 694, 86 S.Ct. 1602 imposes no constitutional inhibition to resumption of questioning.

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