"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.

Miranda Update #6 -Voluntary Interviews in the Jail

This is the sixth 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 cases.

“A different approach to custody determination is warranted in the paradigmatic custodial setting whereby definition the entire population is under restraint of free movement” (Peo. v. Macklem (2007) 149 Cal. App. 4th 874).

The fact a person is incarcerated in jail or prison doesn’t necessarily constitute custody for Miranda purposes (Peo. v. Krebs, Cal., 2019).

So you have a “hot” or “cold” case and want to talk to an in-custody “person of interest”. He has counsel appointed in a charged offense. No big deal, your ....