CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Self-Incrimination Privilege
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Holder of Priv.: Persons Protected
............Individuals & Witnesses
4 Cards On This Topic:
Constitution provides right against self-incrimination to a "person."
Danger of incrimination must be to witness, not to third party.
Only admission of statements ••of defendant•• taken in violation of Miranda violates the self-incrimination clause; Miranda does not require suppression of police comments made to D after D invokes right to remain silent.
D lacks standing to contest statements of third party absent coercion.