CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........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.