Chapter 5 - §5. Procedure for excluding evidence

• Jurisdiction: United States

§5. Procedure for excluding evidence

When challenging the admissibility of a person's statement on Miranda grounds, counsel should consider (1) the available procedural mechanisms for such a challenge and (2) the associated burden of proof.

§5.1. Procedural mechanisms. To exclude evidence based on a Miranda violation, the defendant must take affirmative action or risk waiving the issue. See People v. Low (2010) 49 Cal.4th 372, 392. The methods for seeking exclusion based on a Miranda violation are procedurally identical to the methods for seeking exclusion of an involuntary statement. See "Procedural mechanisms," ch. 5-B, §4.1. When specifying the legal grounds for exclusion, practitioners should specify the exact nature of the Miranda violation, such as a failure to provide proper warnings, a failure to obtain a valid waiver, or a failure to honor an invocation; a simple assertion that the rule was violated may not be specific enough to prevent waiver. See U.S. v. Howell (9th Cir.2000) 231 F.3d 615, 620 (moving papers must allege facts with sufficient clarity and...