Legal Question in Criminal Law in California

Re: Miranda Reading

The officer's report does not "have" to include anything. However, those matters which were excluded can be used to impeach the witness when he takes the stand during the preliminary hearing, and possibly later at trial.

Re: Miranda Reading

Thank you for your posting. The answer is no, there is no law that an officer must include when and if Miranda rights were read to you. Police are usually trained to do so, however, and most officers do, so that they can remember details when the case gets to hearing, or trial, months or even years later.

You may wish to discuss with your attorney a motion to suppress statements if it would make a difference in your case - that's the remedy for when police don't read your rights.

I hope this helps, but if you have any other questions, or want any other information, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can.

Re: Miranda Reading

HMM..I am sure you pointed this out to your counsel and they will make motions to suppress as required...the report is "not required" to include...or not include anything except what the department may order an officer to include, and even then, who knows.

Slippery stuff these extra-judicial statements.