Whitfield

Following the denial of her motion to suppress evidence (Pen. Code, § 1538.5) appellant Cora Whitfield, pursuant to a plea agreement, pleaded nolo contendere to one count of possession of a controlled substance for purposes of sale (Health & Saf. Code, § 11351). The court sentenced appellant to the lower term of two years.

On appeal, appellant contends the court, for two reasons, erred in denying her suppression motion. First, she argues evidence was seized as a result of her arrest for which there was no probable cause, and therefore the seizure violated her Fourth Amendment rights under the United States Constitution. Second, she argues evidence was seized in violation of her rights under Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ] (Miranda) and therefore should have been suppressed.

In the published portion of this opinion, we will conclude that although evidence was seized as a result of a custodial interrogation violative of Miranda principles, exclusion of such evidence is not required by federal law and therefore such evidence may not be excluded under California law. In the unpublished portion, we will hold that…