California, United States of America
The following excerpt is from People v. Gomez, No. G041837 (Cal. App. 4/22/2010), No. G041837. (Cal. App. 2010):
"Under Miranda and the long line of cases following it, a suspect cannot be subjected to custodial interrogation unless there has been a knowing and intelligent waiver of the rights to remain silent, to the presence of an attorney, and, if indigent, to the appointment of counsel; and `police interrogation must cease once the defendant, by words or conduct, demonstrates a desire to invoke his right to remain silent, or to consult with an attorney.' [Citations.]" (People v. Davis (2009) 46 Cal.4th 539, 585.)
"Under the Fourth Amendment, . . . a policeman who lacks probable cause but whose `observations lead him reasonably to suspect' that a particular person has committed, is committing, or is about to commit a crime, may detain that person briefly in order to `investigate the circumstances that provoke suspicion.' [Citation.] `[T]he stop and inquiry must be "reasonably related in scope to the justification for their initiation."' [Citation.] Typically, this means that the officer may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer's suspicions." (Berkemer v. McCarty (1984) 468 U.S. 420, 439, fn. omitted.)
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