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Chapter 5 - §1. Overview
Jurisdiction | United States |
§1. Overview
The Fifth Amendment to the U.S. Constitution provides that no one "shall be compelled in any criminal case to be a witness against himself." U.S. Const. amend. 5. In Miranda v. Arizona (1966) 384 U.S. 436, the U.S. Supreme Court interpreted this clause to require a person who is in police custody to be advised of certain rights—commonly called Miranda rights—before he is questioned about a criminal offense in order to safeguard his constitutional right not to be compelled to be a witness against himself. Miranda, 384 U.S. at 467; People v. Young (2019) 7 Cal.5th 905, 923; People v. Molano (2019) 7 Cal.5th 620, 651. Any statement obtained from a defendant in violation of his Miranda rights—whether it be inculpatory or exculpatory—generally requires the trial court, on the defendant's request, to exclude the statement as evidence. See Miranda, 384 U.S. at 444. This exclusionary rule applies to California proceedings through the Due Process Clause of the Fourteenth Amendment. Malloy v. Hogan (1964) 378 U.S. 1, 6.
Like the U.S. Constitution, the California Constitution provides a privilege against self-incrimination and due-process...
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Request your trial- California Guide to Criminal Evidence
- Chapter 5 Exclusion of Evidence on Constitutional Grounds
- E. Sixth Amendment—Right of Confrontation
- A. Fourth Amendment—Search & Seizure
- D. Sixth Amendment—Right to Counsel
- C. Fifth Amendment—Miranda
- B. Fifth Amendment—Voluntariness of Statements
- Chapter 5 - CHAPTER 5 Exclusion of Evidence on Constitutional Grounds
- Chapter 5 - A. Fourth Amendment—Search & Seizure
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Exceptions to warrant requirement
- Chapter 5 - §4. Evidence subject to exclusion under Fourth Amendment
- Chapter 5 - §5. Procedure for excluding evidence
- Chapter 5 - §6. Appellate review
- Chapter 5 - B. Fifth Amendment—Voluntariness of Statements
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Evidence subject to exclusion for involuntariness
- Chapter 5 - §4. Procedure for excluding evidence
- Chapter 5 - §5. Appellate review
- Chapter 5 - C. Fifth Amendment—Miranda
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Exceptions to Miranda
- Chapter 5 - §4. Evidence subject to exclusion under Miranda
- Chapter 5 - §5. Procedure for excluding evidence
- Chapter 5 - §6. Appellate review
- Chapter 5 - D. Sixth Amendment—Right to Counsel
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Evidence subject to exclusion under right to counsel
- Chapter 5 - §4. Procedure for excluding evidence
- Chapter 5 - §5. Appellate review
- Chapter 5 - E. Sixth Amendment—Right of Confrontation
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Components of right of confrontation
- Chapter 5 - §3. Right of confrontation & out-of-court statements
- Chapter 5 - §4. Joint trials & right of confrontation
- Chapter 5 - §5. Evidence subject to exclusion under right of confrontation
- Chapter 5 - §6. Procedure for excluding evidence
- Chapter 5 - §7. Appellate review
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