People v. Elizalde

Opinion

CORRIGAN, J.

Under the rule of Miranda v. Arizona (1966) 384 U.S. 436, 478-479 [16 L.Ed.2d 694, 86 S.Ct. 1602] (Miranda), certain admonitions must be given before a suspect’s statement made during custodial interrogation can be admitted in the prosecution’s case-in-chief. Here we consider whether routine questions about gang affiliation, posed to defendant while processing him into jail on murder charges, come within Miranda’s well-recognized booking exception. We hold that the questions exceeded the scope of the exception and that officers should have known these questions were…