What is the current state of the law on "voluntary and spontaneous statements" in a criminal case?

California, United States of America


The following excerpt is from People v. Arrambide, E061817 (Cal. App. 2016):

"Miranda . . . and its progeny protect the privilege against self-incrimination by precluding suspects from being subjected to custodial interrogation unless and until they have knowingly and voluntarily waived their rights to remain silent, to have an attorney present, and, if indigent, to have counsel appointed. [Citations.]" (People v. Gamache (2010) 48 Cal.4th 347, 384.) It is "the settled rule that volunteered statements not the product of interrogation are admissible. As Miranda itself made clear, 'There is no requirement that police stop a person who enters a police station and states that he wishes to confess to a crime, or a person who calls the police to offer a confession or any other statement he desires to make. Volunteered statements of any kind are not barred by the Fifth Amendment . . . .' [Citation.]" (People v. Edwards (1991) 54 Cal.3d 787, 815-816 [statement by incarcerated defendant who told officer he was guilty of shooting two little girls without any questioning by the officer was admissible as voluntary and spontaneous statement].) An officer is under no obligation to prevent a defendant from volunteering information. (Id. at p. 816.)

"'"An accused 'initiates'" further communication, exchanges, or conversations of the requisite nature "when he speaks words or engages in conduct that can be 'fairly said to represent a desire' on his part 'to open up a more generalized discussion relating directly or indirectly to the investigation.'"'" (People v. Gamache, supra, 48 Cal.4th at pp. 384-385.) "In reviewing the trial court's denial of a suppression motion . . . , 'it is

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