FAILURE TO ADVISE A DEFENDANT OF ALL OF HIS MIRANDA RIGHTS-CASE REVERSED
The officer here engaged in an extensive discussion with the defendant about his Miranda rights, mostly about advisements by police on television and the fact that the defendant had previously been advised of his rights.
The defendant waived and confessed. Oops, the officer left out one teeny tiny right, that anything the defendant said could be used against him.
The trial judge, of course, had no problem with this. imagine that.
Surprisingly, the Court of APpeal does have a problem with it. The defendant has to actually be advised of each of the four Miranda warnings, or the subsequent confession is no good. The AG argued harmless error, but the Court of Appeal disagrees and reverses.
People v. Bradford; 2008 DJ DAR 18881; DJ, 12/31/08; C/A 1st
