I am just searching for a little direction, namely any statutes, codes or laws that might brush on or pertain to my questions - both the do's, don'ts and responsive action(s) available or some informative legal analyst or study (that can be accessed free of charge).
My questions stem from an incident involving an employee of LAUSD working as a campus aide (security) for 22yrs who was questioned by LAPD at the school site, handcuffed and transported to the local station for additional questioning (without his consent), several hours later read Miranda rights upon his transfer from the local station to County whereupon he was then made aware of the accusation and the charge of lewd act with a child under 14 (PC 288). During questioning at the school site and at the local station, officers
attempted to get a confession, saying "you know what you did" and explaining that the entire ordeal will go much easier and faster if he just confessed. No confession was given and the accused repeatedly asked the officers what he was being accused of and informed them he would not confess to anything without his attorney. He was released from a holding cell at County several hours after his transport & processing & informed that charges were being dropped. A student at the campus where the accused is employed. was angry after being disciplined & denied certain privilages due to bad behavior and made the molestation claim (as having occured in a campus bathroom) as revenge. The student's mother reported the claim to social workers who then notified LAPD.
Criminal Defense Attorney
Well, lets see if we can help.
The test used to determine whether an arrest took place in a particular case is objective, and it turns on whether a reasonable person under these circumstances would believe he or she was restrained or free to go. Arrests may occur by either the touching or putting hands on the arrestee; by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or by the consent of the person to be arrested.
There is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority. However, the detention of a person need not be accompanied by formal words of arrest or a station house booking to constitute an arrest.
I hope that is of some assistance.
I believe you asked when Miranda rights should be read. The police are under no obligation to read them unless the subject is in custody and they wish to interrogate him.
Criminal Defense Attorney
It's a common misconception that you must be read your Miranda rights as soon as the police have contact with you investigating a crime. This is not so. They need only be read to you prior to the asking of incriminating questions.
As articulated by Justice Warren, author of the majority opinion in the Miranda case:
“The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.”