"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.

Reinitiating Questioning After a Miranda Counsel Assertion

This is the second 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. So consider the following question:

A suspect is arrested for a residential burglary. He is given a Miranda admonition and states: “I want a lawyer before talking”. No questioning takes place.  The following day, another detective from a neighboring agency, who is investigating a separate robbery case, ....