Home -> Law Blog Directory -> Criminal Law Blogs -> Southern California Criminal Defense Blog

Criminal Law

: Southern California Criminal Defense Blog

When Does a Police Officer Have to Read Me My Miranda Rights? The Answer is Only When You Are Considered "In Custody" (Part 2)

By Walin & Klarich

This is a continuation of our blog from yesterday and it provides you with additional critical information as to the issue of when law enforcement must read you your Miranda rights. An analysis of the facts of your case will help answer the question of whether you were "in custody" for Miranda purposes. The time, length, and location of the interrogation are all significant factors that must be analyzed. Your attorney should also analyze the number of officers involved in the questioning, and the presence of the suspect's attorney or other non-law enforcement personnel who may have been present during questioning. Courts consider four general factors in deciding the custody question. The first factor to consider is the site of the interrogation; the second is whether the investigation was focused on the suspect; the third is whether the objective signs of arrest, such as handcuffs, weapons displayed, and statement of arrest were present; and the fourth is the length and form of the interrogation...continue to full post

Full post as published by Southern California Criminal Defense Blog on December 21, 2009 (boomark / email).