- Ref # CAB00163
- July 13, 2022
Miranda Update #6 -Voluntary Interviews in the Jail
"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 case is a separate and uncharged crime(s). If the person asserted his Miranda right to silence to a first law enforcement agency, go according to your convenience (See Article #1 in this series - “Reinitiating Questioning After a Miranda Silence Assertion”. If he “counseled” up to a first law enforcement agency, then it is recommended that you consider waiting 14-days under the Shatzer Rule (See Article #2 in this series – “Reinitiating Questioning After a Miranda Counsel Assertion).
As to questioning on a separate and uncharged crime after a Miranda counsel assertion and remaining in custody, California case law is not entirely clear in this area (“Whether or not Shatzer’s 14-day rule applies to pre-conviction situations remains an open issue” - Robert .... © 2026 Legal Updates, LLC.
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