Chapter 5 – Adult Custody and Security Operations

52050.7 Miranda Rights

• Any peace officer effecting an arrest of a suspect of a criminal offense shall advise that person of their constitutional rights pursuant to the Miranda decision prior to engaging in direct questioning. In an institutional setting, when an arrestee/inmate is taken into custody, by being placed in a more restrictive environment than would be considered normal and is suspect in a criminal offense, they shall be advised of their Miranda Rights.

• The inmate/suspect arrestee shall be advised of their Miranda Rights prior to any interrogation, by reading verbatim the following to the arrestee in a language that he/she understands.

  • You have the right to remain silent.

  • Anything you say can and will be used against you in a court of law.

  • You have the right to consult an attorney and to have an attorney present with you during questioning now or in the future.

  • If you cannot afford to hire an attorney, one will be appointed for you at no charge.

  • Do you understand each of these rights as I have explained them to you?

  • Now that I have explained your rights, are you willing to make a statement without an attorney present?

• The arresting officer shall, whenever practical, ensure that another peace officer is present when the arrestee is advised of these rights and the answer to these questions, along with any statement provided after a waiver of these rights, shall be documented in the appropriate incident reports.

• An inmate has no right to silence during questioning by any Department staff member regarding non-criminal Department violations.