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Manual of Policy and Procedures / Volume 5 - Line Procedures / Chapter 7 - Judicial Process

5-07/010.05 - Time of Admonition


5-06/150.50 - Requests by Police Agencies for the Sheriff's Response Team
5-07/010.10 - Admonition Procedures

Adults

An adult suspect(s) need not be advised of his/her constitutional rights (Miranda advisement) unless a deputy intends to question him/her.

Juveniles

Juveniles 15 years of age or younger:  Welfare and Institutions Code (WIC) section 625.6 states that a juvenile 15 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before the waiver of any Miranda rights.  The consultation may not be waived.

Exceptions to the law regarding providing immediate legal counsel are:

  • When the juvenile makes a spontaneous statement;
  • The juvenile is 16 or older;
  • The juvenile is not in custody;
  • The juvenile is not being interrogated; or
  • If both of the following criteria are met;
  • When a juvenile is questioned by a deputy who reasonably believes the information sought was necessary to protect life or property from an imminent threat; and
  • The deputy’s questions were limited to those questions that are reasonably necessary to obtain that information.

Juveniles (16 and 17 years of age): In accordance with section 625 WIC, the arresting deputy shall advise a juvenile of his/her constitutional rights immediately upon taking him/her into custody even if the arresting deputy does not intend to question the juvenile; however, after a Miranda advisement has been given, deputies shall refrain from requesting the juvenile waive his/her constitutional rights unless they are handling the case to conclusion or when those circumstances outlined in section 5-07/010.15 apply.  The juvenile must intelligently, knowingly, and voluntarily relinquish his/her rights before any questioning by deputies.

No Miranda Advisement is required under the following circumstances:

  • An ordinary traffic citation is issued;
  • When a deputy is conducting a field sobriety test;
  • A person approaches a deputy in the field or at a station and tells the deputy that he/she wants to confess to a crime;
  • A deputy is engaged in general on-the-scene questioning for facts surrounding a crime or other general questioning of civilians in the fact-finding process;
  • Without being questioned, a suspect offers a confession or any other statement;
  • When there is an immediate threat to officer/public safety (e.g., interrogation about the presence of weapons and accomplices, explosives, discarded narcotics, or the whereabouts of kidnap victims);
  • A suspect's attorney is present; or
  • A suspect doesn't know he/she is being questioned (e.g., questioning by an undercover officer).

The deputy shall advise a suspect of his/her rights and solicit a waiver of those rights before any interrogation.  The deputy shall ensure that the suspect's waiver of rights has been made intelligently, knowingly, and voluntarily.