Chapter 5 - §1. Overview

JurisdictionUnited 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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