Legal Question in Criminal Law in California

The lack of a Miranda warning is not a get out of jail free card. All it does is prevent the prosecution from using against you any statements you made in response to police questioning while in custody. All other evidence will still be usable. If you weren't questioned while in custody, then the lack of Miranda warnings would be irrelevant. And even if you were, there might still be enough untainted evidence to convict you without using your statements.

Of course. IF you have any grounds to seek exclusion of evidence or confession, you get to do so through proper motion