People v. Givans
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
*796Opinion
JOHNSON, J.
The main issue in this case is whether the rule of Doyle v. Ohio (1976) 426 U.S. 610 [49 L.Ed.2d 91, 96 S.Ct. 2240], that silence following arrest and a Miranda1 warning cannot be used to impeach the defendant’s exculpatory testimony at trial, applies where the Miranda warning actually is given by a private security guard who has no duty to give such a warning.2 (See In re Deborah C. (1981) 30 Cal.3d 125, 134 [177 Cal.Rptr. 852, 635 P.2d 446].) We hold the rule is applicable in such a case.3 As an independent ground for reversal, we agree with the decision in People v.…
2Cases cited16 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Doyle v. OhioSupreme Court of the United States · 1976
- Jenkins v. AndersonSupreme Court of the United States · 1980
- United States v. HaleSupreme Court of the United States · 1975
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3Cited by10 opinions
- People v. LopezCalifornia Court of Appeal · 2005
- State v. MerolaNew Jersey Superior Court Appellate Division · 1986
- People v. MarzettCalifornia Court of Appeal · 1985
- People v. LopezCalifornia Court of Appeal · 2005
- The People v. RamosCalifornia Court of Appeal · 2013
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