Examining Custody Factors for the Purposes of Miranda (United States v. Zabel (2022) 6USCA 35 F 4th. 493)

"FROM THE CLASSROOM"
By Ray Hill, Professor Emeritus, Santa Rosa Junior College

“Its ‘402’ time, officer” - “Who Wins, You or Defense counsel”  Note: 402(b) E.C. – A pre-trial court hearing to determine the admissibility of an admission or confession.

Examining Custody Factors for the Purposes of Miranda (United States v. Zabel (2022) 6USCA 35 F 4th. 493).

This is the ninth in a series of mini-articles covering basic Miranda and Confession Law. This review is equally applicable to detectives and those generalists who are assigned to investigate their own case

First, a recognition to Daly City P.D. Officers Nick Martin and Jonathon Kong. They were the primary officers in the gun search and arrest case reported in “Are Vehicle Searches Legal After Finding Ammunition on a Passenger”? (8/22/22 - LU Ref. # CAB00173).  Proactive patrol work like this makes Daly City a safer place in which to live and work. Thank you!

Earlier this month, I was instructing a "Laws of Arrest" course to sixty-two students in the 209th Basic Police Academy at the Santa Rosa Public Safety Training Center. We were discussing probable cause to arrest. A student presented a scenario question. When I replied, “Book ‘um Danno” (the classic phrase that Commander Steve McGarrett used to say to his junior sidekick Danny Williams in the original 1968-1980 TV series Hawaii Five-O when the bad guy was arrested), I got sixty-two blank stares!! The only chuckles came from two “more seasoned” Recruit Training Officers in the back of the classroom! Sometimes you realize that you have more “age seniority” than your audience!

There are two elements that make up the Miranda requirement – Custody and Interrogation. Here is an ....

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