Beheler Admonishments and the Non-Custodial Interrogation Robert C. Phillips Deputy District Attorney (Ret.) October, 2015             Thirty-three years ago, the United States Supreme Court ruled in the landmark case decision of California v.…

Miranda and the Non-Custodial Interrogation Robert C. Phillips DDA (Retired) June, 2015 Kim Raymond Kopatz was deeply in debt.  With thirteen maxed-out credit cards totaling some $117,883 of debt, and a family monthly income that covered only half…

The Out-of-Custody Suspect’s Miranda Invocation: Going Out on a Limb By Robert C. Phillips DDA (Ret.) January, 2015             It is now generally accepted that a so-called “anticipatory invocation” is legally ineffective.  What this means is that…

Refusal to Identify During a Lawful Detention RC Phillips DDA Ret. November, 2014 Question: Is it a crime in California for a person to refuse to identify himself to a peace officer during a lawful detention? My opinion is that depending upon the…

Post-Arrest, Pre-Admonishment Silence as Evidence of Guilt Robert C. Phillips DDA (Ret.) September, 2014 Richard Tom and his long-time friend, retired San Francisco police officer Peter Gamino, were enjoying a steak dinner at Tom’s Richmond home,…

Miranda and the Equivocal Invocation             Robert C. Phillips Deputy District Attorney (Ret.) August, 2014             In a gruesome series of murders as graphically described in the California Supreme Court decision of People v. Suff,[1] and…

Vehicle Repossessions RC Phillips, DDA (Ret.) August, 2014 (Q) Who may legally undertake repossession assignments? (A)    Unless exempted pursuant to B&P Code 7500.3, only persons holding a valid repossession agency license or registration,…

Searching Cellphones Robert C. Phillips Deputy District Attorney, Retired June, 2014             Barely three years ago, the California Supreme Court held in People v. Diaz (2011) 51 Cal.4th 84, that a cellphone recovered from the person of an…

The “Anonymous-Tip-Plus-Very-Little-Else” Rule Robert C. Phillips Deputy District Attorney (Ret.) June, 2014 The United States Supreme Court determined over a decade ago in Florida v. J.L. that an uncorroborated anonymous tip is legally insufficient…

Reinitiating an Interrogation after Invoking Miranda Robert C. Phillips DDA Retired May, 2014 Dewey Joe Duff had his problems.  Not being the sharpest tool in the shed, and with four prior trips to prison, his social skills weren’t what some might…