What is the effect of giving a defendant a Miranda warning?

California, United States of America


The following excerpt is from People v. Pettingill, 145 Cal.Rptr. 861, 21 Cal.3d 231, 578 P.2d 108 (Cal. 1978):

The People finally contend that despite the unquestioned inadmissibility of defendant's confession under California law, we are compelled to permit its use in our courts by the case of Michigan v. Mosley (1975) 423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313. There the defendant was arrested in connection with certain robberies, taken to the Detroit police station, and given the Miranda warnings by a detective of the robbery bureau. The defendant refused to answer any questions about the robberies, and the interrogation ceased. Some two hours later, however, a different detective took the defendant to the homicide bureau of the police department in order to question him about an unrelated holdup-murder. The defendant was again given the Miranda warnings. At first he denied any involvement in the crime; but after the detective told him that an accomplice had admitted his participation and had named him as the "shooter," the defendant made a statement implicating himself in the murder. 9

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