What is the evidence that supports the argument that a defendant was not advised of his Miranda rights by the arresting officer?

California, United States of America


The following excerpt is from People v. Duran, 269 Cal.App.2d 112, 74 Cal.Rptr. 459 (Cal. App. 1969):

Defendant also complains that he refused 'twice' to discuss the matter but the police officers continued talking to him until he finally stated he did not think it woud hurt anything if he talked to them. A careful review of the record does not support this interpretation of the evidence. Only Detective Schauperl testified as to the statements made by defendant, and on cross-examination he stated he was aware that defendant had been advised of his rights previously from the arresting officer's report, and defendant had stated then he would rather not talk about it. Certainly this evidence does not indicate that defendant was subjected to such pressure or coercion as is condemned by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974.

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