CALIFORNIA CRIMINAL DEFENSE LAWYER NEWS: SURREPTITIOUS BUGGING OF DEFENDANTS IN A HOLDING CELL DOES NOT VIOLATE MIRANDA
The two defendants in this case both invoked Miranda after their arrests. Those cunning
police put the two into a cell and left. But they bugged the cell. Of course, the defendants had a conversation where they made incriminating statements. Guess they don't watch T.V.
The Court of Appeal rejects the claim that this violated Miranda. The Court of Appeal rules that the police didn't interrogate these guys. The Court of Appeal also rejects a challenge based on Crawford (541 U.S. 36), finding that the statements weren't testimonial, since the defendants wouldn't have thought their statements might be used at a later trial.
People v. Jefferson; 2008 DJ DAR 215; DJ, 1/9/08; C/A 2nd, Div. 7
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