May 27, 2011

SAN DIEGO CRIMINAL DEFENSE: MIRANDA DOES NOT APPLY TO PROBATION VIOLATIONS

DOES MIRANDA APPLY AT PROBATION VIOLATIONS? NO

This California Court of Appeal holds that statements made in violation of Miranda may be used at a probation violation hearing. There's some case law saying that a 4th Amendment violation doesn't require exclusion of the evidence at a probation violation hearing, unless that violation shocks the conscience of the court. (See Hayko, 7 Cal.App.3d 604.) This Court of Appeal takes that and runs with it. Their exception is the related and perhaps lesser
standard of whether the police engaged in "egregious conduct." This case is just wrong. An officer violating his training and the constitution is always egregious.

People v. Racklin; 2011 DJ DAR 7220; DJ, 5/20/11; C/A 1st, Div. 1

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