[DOWNLOAD] "People V. Bilderbach" by Supreme Court Of California In Bank ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Bilderbach
- Author : Supreme Court Of California In Bank
- Release Date : January 21, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
TOBRINER, J. We adjudicate defendant's appeal from a judgment on a verdict finding him guilty of violating Health and Safety Code section 11530, prohibiting possession of marijuana. We reverse the conviction on the basis of the erroneous admission of defendant's confession since the record fails to indicate that, prior to the confession, defendant had been advised of his rights to an attorney and to remain silent, or that he had otherwise waived those rights. We also point out that if, upon a new trial, the question of the admissibility of the confession arises, the trial judge should not only determine whether defendant properly waived his rights to counsel and to remain silent before confessing, but should also decide whether the confession was induced by an illegal search and seizure.
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