Legal Question in Criminal Law in California

Miranda rights

I mirandaized a subject he declines to answer any questions about the assault that occured.

Another officer several hours later Mirandized same subject and the subject now wants to talk. Where do we stand on this? Assault occurred while in County Jail


Asked on 9/11/07, 12:19 pm

2 Answers from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Miranda rights

If you are an employee of the government, you should direct your inquiry to you supervisor or department counsel.

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Answered on 9/11/07, 4:20 pm
Scott Linden Scott H. Linden, Esq.

Re: Miranda rights

Without checking on rights of prisoners whil in custody, it would appear as though the second Miranda was not required and the voluntary statements made by the prisoner would be voluntary and therefore admissable.

I agree that this is something that the Department of Corrections' counsel should discuss with the warden before any charges are made against anyone in custody. Better to cross the t's and dot the i's before doing anything.

Scott

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Answered on 9/11/07, 5:46 pm


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