requirement that Miranda warning (California) · Go Syfert
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requirement that Miranda warning in California

5 California opinions name it 2 courts 1985–2015 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
New York v. Quarlesgreen
scotus · 1984 · cited in 4 California opinions naming this issue, 1985–2015
2 sentences

2009The high court held that the officer’s initial question to the defendant did not violate Miranda because of “a ‘public safety’ exception to the requirement that Miranda warnings be given before a suspect’s answers may be admitted into evidence.” (Quarles, supra, 467 U.S. at p. 655 .) Quarles held that “the availability of that exception does not depend upon the motivation of the individual officers involved.” (Id. at p. 656.) Quarles explained that the officers in that case were faced with a “kaleidoscopic situation” (Quarles, supra, 467 U.S. at p. 656 ) in which “spontaneity rather than adher

2009The high court held that the officer’s initial question to the defendant did not violate Miranda because of “a ‘public safety’ exception to the requirement that Miranda warnings be given before a suspect’s answers may be admitted into evidence.” (Quarles, supra, 467 U.S. at p. 655 .) Quarles held that “the availability of that exception does not depend upon the motivation of the individual officers involved.” (Id. at p. 656.) Quarles explained that the officers in that case were faced with a “kaleidoscopic situation” (Quarles, supra, 467 U.S. at p. 656 ) in which “spontaneity rather than adher

14
Miranda v. Arizonagreen
scotus · 1966 · cited in 1 California opinions naming this issue, 1990–1990
2 sentences

1990In New York v. Quarles (1984) 467 U.S. 649 [ 81 L.Ed.2d 550 , 104 S.Ct. 2626 ], the police chased an armed rapist, caught and handcuffed him, and asked him where the gun was; he replied that it was "`over there.'" ( Id., at pp. 651-652.) The United States Supreme Court held that where there was no claim that defendant's statements were compelled by police conduct which overcame his will to resist, "on these facts there is a `public safety' exception to the requirement that Miranda warnings be given before a suspect's answers may be admitted into evidence, and that the availability of that exce

1990In New York v. Quarles (1984) 467 U.S. 649 [ 81 L.Ed.2d 550 , 104 S.Ct. 2626 ], the police chased an armed rapist, caught and handcuffed him, and asked him where the gun was; he replied that it was "`over there.'" ( Id., at pp. 651-652.) The United States Supreme Court held that where there was no claim that defendant's statements were compelled by police conduct which overcame his will to resist, "on these facts there is a `public safety' exception to the requirement that Miranda warnings be given before a suspect's answers may be admitted into evidence, and that the availability of that exce

11
Scott v. United Statesgreen
scotus · 1978 · cited in 1 California opinions naming this issue, 1990–1990
2 sentences

1990In New York v. Quarles (1984) 467 U.S. 649 [ 81 L.Ed.2d 550 , 104 S.Ct. 2626 ], the police chased an armed rapist, caught and handcuffed him, and asked him where the gun was; he replied that it was “ ‘over there.’ ” (Id., at pp. 651-652.) The United States Supreme Court held that where there was no claim that defendant’s statements were compelled by police conduct which overcame his will to resist, “on these facts there is a ‘public safety’ exception to the requirement that Miranda warnings be given before a suspect’s answers may be admitted into evidence, and that the availability of that exc

1990In New York v. Quarles (1984) 467 U.S. 649 [ 81 L.Ed.2d 550 , 104 S.Ct. 2626 ], the police chased an armed rapist, caught and handcuffed him, and asked him where the gun was; he replied that it was “ ‘over there.’ ” (Id., at pp. 651-652.) The United States Supreme Court held that where there was no claim that defendant’s statements were compelled by police conduct which overcame his will to resist, “on these facts there is a ‘public safety’ exception to the requirement that Miranda warnings be given before a suspect’s answers may be admitted into evidence, and that the availability of that exc

11
Minnesota v. Murphygreen
scotus · 1984 · cited in 1 California opinions naming this issue, 1986–1986
2 sentences

1986(See Minnesota v. Murphy (1984) 465 U.S. 420, 433 [ 79 L.Ed.2d 409, 423 , 104 S.Ct. 1136 ].) We conclude the decision of the police to participate in the September 23, 1983, telephone conversations initiated by appellant did not constitute custodial interrogation triggering the requirement that Miranda warnings be given.

1986(See Minnesota v. Murphy (1984) 465 U.S. 420, 433 [ 79 L.Ed.2d 409, 423 , 104 S.Ct. 1136 ].) We conclude the decision of the police to participate in the September 23, 1983, telephone conversations initiated by appellant did not constitute custodial interrogation triggering the requirement that Miranda warnings be given.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Where else courts name it

OH 7 (1991–2022) NY 6 (1992–1999) CA 5 (1985–2015) IN 4 (2000–2014) NJ 4 (1986–1999) IL 4 (1984–2000) PA 4 (1977–2019) VA 3 (2000–2022) NM 3 (2020–2024) KS 3 (1995–2025) WI 2 (2009–2014) NC 2 (1989–2016) AL 2 (1986–1994) MI 2 (1979–1980) FL 2 (2002–2008) MO 2 (1988–2016) OR 2 (2026–2026) DC 2 (2003–2012) TN 2 (2015–2018) MD 2 (1999–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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