Confessions and admissions

Miranda v. Arizona (1966) 384 U.S. 436.

Pre-arrest questioning

Berkemer v. McCarty (1984) 468 U.S. 420

People v. Forster (1994) 29 Cal.App.4th 1746

Doyle error

Doyle v. Ohio (1976) 426 U.S. 610

Not Attenuated
Case	Time Lapse	Intervening Factors	Misconduct
Wong Sun v United States (1963) 371 U.S. 471, 486 [83 S.Ct. 407, 9 L.Ed.2d 441] (confession of Toy)	Minutes	None	Arrest without probable cause
Brown v Illinois (1975) 422 U.S. 590, 604-605 [95 S.Ct. 2254, 45 L.Ed.2d 416]	Approximately 2 hours	Miranda	Arrest without probable cause and for purpose of questioning
Dunaway v New York (1979) 442 U.S. 200, 218-219 [99 S.Ct 2248, 60 L.Ed.2d 824]	Approximately 2 hours	Miranda	Arrest without probable cause and for purpose of questioning
Taylor v Alabama (1982) 457 U.S. 687, 690-691 [102 S.Ct 2664, 73 L.Ed.2d 314]	6 hours	3 Miranda warnings; confession followed conversation with friends; arrest warrant filed before confession	Same
People v Boyer (1989) 48 Cal.3d 247, 269 [256 Cal.Rptr. 96]	Less than 4 hours	Miranda admonition; "consent" to accompany officers; defendant volunteered "I can't live with it"	Same; consent not free; statement after defendant told repeatedly he could not live with his guilt
People v Gonzalez (1998) 64 Cal.App.4th 432, 446-447 [75 Cal.Rptr.2d 272] (Mac's Liquor confession)	3½–5½ hours	Miranda admonition	Lack of probable cause; defendant arrested to see what might turn up
Lozoya v Superior Court (1987) 189 Cal.App.3d 1332, 1341-1346 [235 Cal.Rptr. 77]	4 days	Prior unattenuated admissions; possibly, confrontation with codefendant's statement	Same; egregious questioning
People v Jenkins (2004) 122 Cal.App.4th 1160, 1178 [19 Cal.Rptr.3d 386]	None	Miranda admonition	Custodial traffic arrest for purpose of questioning about felony; over 16-hour illegal detention
People v Medina (2003) 110 Cal.App.4th 171 [1 Cal.Rptr.3d 546]	None	Voluntary answer to question	Questioning in conjunction with illegal pat-down
Attentuated
Case	Time Lapse	Intervening Factors	Misconduct
Wong Sun v United States (1963) 371 U.S. 471, 491 [83 S.Ct. 407, 9 L.Ed.2d 441] (confession of Wong Sun)	Several days	Arraignment, O.R., voluntary return to give statement	Arrest without probable cause
Rawlings v Kentucky (1980) 448 U.S. 98, 107 [100 S.Ct 2556, 65 L.Ed. 2d 633]	45 minutes	Miranda admonition; spontaneous reaction to discovery of drugs in another's purse	Detention while search warrant sought
People v Beardslee (1991) 53 Cal.3d 68, 109 [279 Cal.Rptr. 276]	11 years	Miranda admonition; police illegality occurred in another state; exemplary conduct by local police to whom defendant gave statement	Police perjury
People v Gonzalez (1998) 64 Cal.App.4th 432, 447 [75 Cal.Rptr.2d 272] (Paul's Kitchen confession)	1 day	Miranda; questioning by officers from wholly unrelated agency	Lack of probable cause, but arresting officers knew nothing about crime involved in confession
People v De Juan (1985) 171 Cal.App.3d 1110, 1123-1124 [217 Cal.Rptr. 642]	Probably an hour or less	Miranda admonition; defendant told he was not under arrest; defendant said he wanted to clear matter up	Police allowed private investigators to unlawfully arrest and transport defendant; threats by investigators
People v Jenkins (2004) 122 Cal.App.4th 1160, 1179 [19 Cal.Rptr.3d 386]	3 days	Out-of-custody defendant voluntarily returned to station; Miranda rights reread	Illegal detention for over 16 hours