What is the test for a motion to suppress a second statement to the police as obtained in violation of the Miranda privacy law?
California, United States of America
The following excerpt is from People v. Iniguez, E067733 (Cal. App. 2017):
1. The trial court erroneously denied defendant's motion to suppress his second statement to the police as obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).
2. In closing argument, the prosecutor advanced several legally invalid theories of attempted murder.
3. The trial court erred by failing to instruct sua sponte on duress as a defense.
We find no error. Accordingly, we will affirm.
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