Miranda Update #7 - Handcuffing and Miranda - "From the Classroom"

"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.

TITLE: Miranda Update #7 - Handcuffing and Miranda

    This is the seventh 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. This update is particularly applicable to patrol officers and deputies.

   The question for this article is:

   A daytime display case “smash” burglary occurs at an electronics store. Fifteen minutes later, one of the persons matching the description of one of the suspects is detained. He is frisked and handcuffed, but there is no “plain touch” of the fruits of the crime. The suspect is asked about the whereabouts of the property. He replies, “Ha, Ha - Fifth Street Boys rule” (a local street gang). “Our ....

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