Police Unaware of Miranda Rights Changes

By Dean Lee

Pasadena Police Chief Phil Sanchez said Wednesday night that he was unaware of any of the new changes to the Miranda warnings, the 44-year-old law giving suspects the right to a lawyer and to remain silent —only
now the suspect must “opt in” to do so.

The changes, including that a suspect must now tell police they wish to remain silent and that the rights are only good for two weeks, were outlined by numerous sources online.

The Associated Press last week called The Supreme Court’s major revisions, “death by a thousand cuts” citing the National Association of Criminal Defense Lawyers.

Police Lieutenant. Phlunte Riddle, who has been accompanying Sanchez as he gets used to the city, referred any further comment to the City Prosecutor Michele Beal Bagneris. A phone call to her office Thursday was not
returned. Riddle also declined to say if officers would be retrained.

Sanchez was sworn in as the city’s new Police Chief last month.

In July, a divided Supreme Court, voted 5-4 that once an arrestee had been read their rights and questioning had begun, the suspect must now declare that they want to remain silent and cannot simply stay silent.

Justice Sonia Sotomayor said that requiring a defendant to speak, requiring a clear declaration, weakened the right. She warned that the decision “turns Miranda upside down.”

Sierra Madre Police Chief Marilyn Diaz said last week that she had not read the Supreme Court’s rulings although she was aware of some of the changes, including the requirement that a defendant must speak. She said
once the rulings were reviewed, she would implement any changes or training
immediately.

On February 24, The Supreme Court also set a 14 day maximum period Miranda warnings are valid although made no changes to how the rights are implemented.

Opponents called the ruling an invitation to, “catch and release.” After two weeks police can now bring a suspect back into custody as if they never invoked a right to a lawyer.

The court also ruled in February 7-2 that police officers are not required to use exact language while advising suspects of their rights. The ruling said that police agencies do not need to repeat the precise wording
used by federal agents. The ruling states that officers must only communicate
the same essential message.

Diaz said it is up to individual departments to decide what to tell an arrestee.

A representative of The ACLU of Southern California although said they had a lawyer specific to the Miranda Rights, a phone call was not returned by press time seeking comment.