What is the state's burden of admissibility of statements obtained through police questioning without Miranda warnings?
California, United States of America
The following excerpt is from People v. Caro, 248 Cal.Rptr.3d 96, 442 P.3d 316, 7 Cal.5th 463 (Cal. 2019):
person has been taken into custody or otherwise deprived of his freedom of action in any significant way."].) When urging the admissibility of statements obtained through police questioning without Miranda warnings, it is the state's burden to establish that the suspect was not in custody. (See People v. Davis (1967) 66 Cal.2d 175, 180181, 57 Cal.Rptr. 130, 424 P.2d 682.)
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