What is the state of the law in relation to the admission of evidence in a criminal case of alleged criminal conspiracy?

Defendants contend the trial court violated their rights under the Fifth Amendment to the United States Constitution, as delineated in Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), by admitting evidence of booking statements concerning their gang alliance that were made without benefit of Miranda warnings and waiver of rights. Both say any failure to object should be excused since any objection would have been futile and was not supported by then-existing case law; alternatively, they say their trial attorneys were ineffective for failing to object. We conclude admission of the evidence was error (with one exception), but was harmless beyond a reasonable doubt. Accordingly, we do not reach the claims of ineffective assistance of counsel.

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