Legal Question in Criminal Law in California
Miranda Rights
What are all the things wrong with writing, ''The subject was advised of his Miranda rights'' in a report? I thought that was part of the report.
1 Answer from Attorneys
Re: Miranda Rights
I'm not a police officer nor an instructor, but I would think it better practice to write either "I read the subject the Miranda warning from the department-issued laminated card" or "I advised the subject that he had the right to remain silent, had the right to speak with an attorney and to have the attorney present during questioning, that anything he said can and will be used against him in a court of law, and that if he could not afford an attorney, that one would be appointed for him prior to any questioning" to avoid any possible dispute or wiggle room over the meaning of the term "his Miranda rights."
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