CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Self-Incrimination Privilege
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Interests & Things Protected/Not Protected
............Volunteered Statements
12 Cards On This Topic:
Volunteered statements admissible, even absent admonition.
No constitut'l errors in admitting state-arranged conversation between D and grandmother at police station following his extradition from NV but before he was charged with crimes.
In DUI vehicular manslaughter case, no error in admitting statements D made to Os interrogating him in intensive care while recovering from surgery where no indication statements were involuntary.
As D had no reasonable expectation of privacy in his jail cell, wiretap did not violate Fourth Amendment; as D's recorded statements completely voluntary and compulsion-free, admission did not violate Fifth Amendment.
D's statements to psychologists who testified in prior juvenile ct. hearings were not compelled and so admissible to impeach at trial once D elected to testify inconsistently.
D's statement, made after walking into station, ruled voluntary, even though officer asked questions.
Statement of suspect found wounded at robbery scene ruled voluntary.
D's reaction to being informed of charges found volunteered statement.
Statement made during admonition process ruled volunteered.
Volunteered statement made after invocation and during walk to jail cell is admissible.
D's statement made on ride to jail found volunteered, even after invocation.
D's declaration he did not wish to stand in lineup was volunteered.