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10 11 12 13 14 15 16 17 18 “19 20 21 22 23 24 25 26 27 28 —U:SS. Constitu: RY/RULES: (Sth Amendment -U. onst IN Tom Article I, Section 15, California Constitutioa uw, A. Escobedo vy, Illinois (1965) 378 U.S. 478. spect is i2 1. U.S. Supreme Court held that once a su . Ret custody and requests an attorney, he may not b questioned without the attorney present. " B. People v, Dorado (1965) 62.C2 338. 1. California Supreme Court held that whenever a | Suspect is detained or arrested and accusatory questioning is to take place, the.suspect must be advised of his Fifth Amendment rights before a legal confession may occur. C. Miranda y. Arizona (1966) 384 U.S. 436. 1. The U.S. Supreme Court reaffirmed its Escobedo ruling, and added that a suspect must also be advised that he has the right to a free at- torney if he cannot afford one. y Miranda admonitions apply only to admissions and confessions. The rules:do not apply to: _ a consent searches; b. seizures of evidence, such as. photographs, fingerprints, handwriting samples, clothing, hair samples, blood, etc. : nda admonitions involve informing an arrestee of his 1 Amendment rights as-follows: ~ You have the right to remain silent. . ~ If you give up the right to remain silent, anything you say can and will be used against you in a court of law. | You have the right to the services of an attorney and to | have the attorney Present during any and all question- ling, , ‘ie you so desire and cannot afford one, an attorney will be appointed free of charge prior to any questioning. ‘owing and intelligent waiver of these rights must precede ‘ubsequent questioning of an accusatory nature. GENERAL RULES REGARDING ADMONISH-’ MENT: . A. Miranda warnings must be given to adults when:. 1. detained or arrested: and . i I" . t . Penal Code section 1531 deals with knock and notice re- quirements -and exeptions in the area of serving search warrants, and will be.discussed in the Search Warrant chapter. As you will see, 844 and 1531 are functional equivalents. — POINT 'S AND AVIHORITIES ORIGINAL EXO’ — 27- \y al