When will a police officer read a defendant's Miranda right?

California, United States of America


The following excerpt is from People v. Superior Court In and For Marin County, 110 Cal.Rptr. 695, 35 Cal.App.3d 242 (Cal. App. 1973):

3 The privilege having been once invoked, all further attempts at police interrogation should cease (People v. Fioritto, supra, p. 719, 68 Cal.Rptr. 817, 441 P.2d 625). However, police may with propriety readvise the defendant of his Miranda rights and ask him whether he wishes to discuss a separate offense (People v. Lyons (1971) 18 Cal.App.3d 760, 777, 96 Cal.Rptr. 76). The officer testified that he readvised the defendant of his Miranda rights on several occasions.

4 The record reflects that defendant and Sisk were acquainted with each other from a prior burglary arrest.

5 An officer's statement that he intends to do what he has a legal right to do is not a coercive threat that will render invalid a consent given in response thereto (People v. Manning, supra, 33 Cal.App.3d, p. 602, fn. 1, 109 Cal.Rptr. 531).

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