Legal Question in Criminal Law in California

Re: your rights

Unlike tv in the real world the cops only have to advise of your Miranda rights if they intend to question you. If the police officer discusses the weather, local sports, your family etc there is no requirement for Miranda rights to given. Through this practice of appearing to care they get people to say a lot of incriminating things. They also employ the trick of sitting two or three suspects in the back of a police car and walking away. The suspects then begin to work on their story, making incriminating statements, which are recorded.

So just keep you mouth shut when arrested, except to identify yourself.

Re: your rights

Failure to give a Miranda warning does not invalidate an arrest; it just keeps certain evidence out of court. Anything you say in response to police questioning while you are in custody is inadmissible as evidence unless you were Mirandized. Often, though, people who are being questioned by police are not in custody, and what they say can be used against them.

Being "in custody" does not necessarily mean being told you are under arrest, taken to jail, handcuffed, placed in the police car, etc.. If there is enough other evidence, the government can still prosecute.

Someone being questioned by police is deemed to be in custody if it is reasonably clear that they will not be free to leave after a short time. This is a nuanced area of the law, and laypeople should not presume that they can tell when they are or are not in custody.