CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Statements
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Admissions (Crim.)
.........Booking Exception
4 Cards On This Topic:
Harmless error to admit co-D's statements about his gang membership, made during his booking interview, where deputies should have first read him his Miranda rights.
D failed to show Os deliberately elicited his admission to murders during a routine prison intake interview, in which he voluntarily reported threats to his safety, and Os questions related to those threats.
Use of nontestimonial gang affiliation admissions by D and cohorts when booked into jail was harmless error.
No error in admitting D's incriminating post-Miranda statements where his first mention to police of perhaps needing an attorney was equivocal and his stmts during booking came under the booking exception.