California, United States of America
The following excerpt is from In re Sakarias, 106 P.3d 931, 25 Cal.Rptr.3d 265, 35 Cal.4th 140 (Cal. 2005):
Second, the Attorney General maintains Miranda challenges should be limited to direct appeal because the cost to the state interest in finality of judgments incurred by allowing a collateral challenge is not balanced by any gain in "assuring trustworthy evidence." The premise of this argument is that the Miranda rule, like the Fourth Amendment exclusionary rule, serves only to deter unconstitutional government conduct and not to protect the innocent from being falsely convicted. (See In re Sterling (1965) 63 Cal.2d 486, 487, 47 Cal.Rptr. 205, 407 P.2d 5 [refusing to entertain search and seizure issue on habeas corpus, in part because "`the use of illegally seized evidence carries with it no risk of convicting an innocent person'"]; cf. Stone v. Powell (1976) 428 U.S. 465, 489-495, 96 S.Ct. 3037, 49 L.Ed.2d 1067 [holding state prisoners may not raise search and seizure issues in federal habeas petitions, in part because the cost, in loss of trustworthy evidence, of applying exclusionary rule would not be balanced by slight increase in deterrence from allowing collateral attack].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.