Criminal
Jul. 1, 2020
The ‘Formalities of Making an Arrest’ in California
Police procedurals have made the Miranda warnings so well-known that most Americans can recite them by rote. But there is a long-standing advisal requirement in California law that should come before many Miranda “warnings” are recited.
Gary Schons
Of Counsel
Best Best & Krieger LLP
Public Law
655 W Broadway Ste 1500
San Diego , CA 92101
Phone: (619) 525-1348
Fax: (619) 233-6118
Email: gary.schons@bbklaw.com
U San Diego School of Law
Police procedurals have made the Miranda warnings so well-known that most Americans can recite them by rote. But there is a long-standing advisal requirement in California law that should come before many Miranda "warnings" are recited. Yet, that provision is little known to judges, criminal defense attorneys and prosecutors, and, most critically, the police. That law is Penal Code Section 841 -- on the books sin...
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