- Ref # CAB00123
- October 01, 2021
Booking Questions & Miranda
Booking Questions & Miranda
Robert C. Phillips
Deputy District Attorney (Ret.)
October, 2021
Some four years ago, the Fourth District Court of Appeal (Div. 2) seemingly resolved an often-debated issue when it published an opinion on the trial admissibility of a jail inmate’s responses to so-called “booking questions.” In People v Gomez,[1] it was held that despite the lack of a prior Miranda[2] admonishment and waiver, an inmate’s admissions relative to his criminal street gang affiliation, made in response to routine booking questions posed to the inmate for purposes of jail security and the inmate’s own safety, were admissible against him at his later trial.
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