This case has been cited 2 times or more.
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2016-01-12 |
BRION, J. |
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| Our ruling on this point in People v. Lara[48] is instructive: x x x The guarantees of Sec. 12(1), Art. Ill of the 1987 Constitution, or the so-called Miranda rights, may be invoked only by a person while he is under custodial investigation. Custodial investigation starts when the police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect taken into custody by the police who starts the interrogation and propounds questions to the person to elicit incriminating statements. Police line-up is not part of the custodial investigation; hence, the right to counsel guaranteed by the Constitution cannot yet be invoked at this stage.[49] | |||||
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2014-09-22 |
LEONEN, J. |
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| The invocation of these rights applies during custodial investigation, which begins "when the police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect taken into custody by the police who starts the interrogation and propounds questions to the person to elicit incriminating statements."[94] | |||||