"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.

When the Sixth Amendment Applies to a Voluntary Interview.

This is the fifth 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. The question for this article is:

A suspect is charged with financial fraud of his 90-year old uncle for whom he is a caretaker. A criminal complaint was filed in Superior Court and an arrest warrant issued in his name. Wishing to gain an out-of-custody statement before arraignment, detectives ask the suspect to come to the station for an interview. He consents. When he arrives at the Sheriff’s Station, he is given a Beheler admonition (“You are not under arrest”; “You are free to leave at anytime”; “You may choose not to answer any questions”). The suspect agrees to talk to with detectives. During a conversational 45-minute interview, incriminating statements are ....