Legislative Update: Bills in the California Legislature Related to Fourth, Fifth and Eighth Amendments

Bills in the California Legislature Related to the Fourth, Fifth and Eighth Amendments  This is an update to the California Legislative Update (9/26/23) – LU Ref.# CAB00221. 

By Ray Hill 
Professor Emeritus, Santa Rosa Junior College 

Much appreciation to the California Peace Officers Association, California State Sheriffs’ Association, California Police Chiefs Association, California District Attorneys Association, and the California Narcotics Officers’ Association for their legislative advocacy in supporting law enforcement.  

Miranda and Minors (627.7 W&I) 

This legislation was passed in 2023 but is effective 7/24/24.  

During a custodial interrogation of a person under 17 years old relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception or psychologically manipulative interrogation tactics. 

Why does this need to be in a statute? A prime example “legislative grandstanding,” I propose. This area is already well covered under Fifth and Fourteenth Amendment case law. There is an enhanced judicial review of a minor’s understanding and waiver of Miranda rights and the conduct of an interrogation that encompasses two tests: personal characteristics ....