An October Case Alert written by Bob Phillips (“The Necessary Elements of a DUI/Marijuana Implied Malice 2nd Degree Murder” - LU Ref. #CAC00085 – Peo. v. Murphy) created important legal precedent in California. Big Legal Updates “kudos” to Los Angeles County Deputy District Attorneys Casey Higgins and Yoobin Kang Hernandez for their hard work in navigating this case through trial and to the 2DCA. This case is truly in the interests of the people!

   Bob Phillips’ summary bears a second reading. As Bob terms it, this is a “go to” case and reinforces the need for awareness by first responders and follow up investigators at the scene of an accident. “Buzzed driving” with cannabis resulting in an injury or a fatality to another against should be treated the manner as a felony assault or homicide investigation. Scene security, use of a DRE, evidence gathering, interviews of witnesses and the suspect, accident reconstruction, forensic evidence collection and examination, etc., is approached in a planned and methodical manner.

   What if the suspect is injured and being transported by ambulance to the emergency room? You are assigned to accompanying a paramedic in the back of the ambulance to try to obtain a statement and preserve any evidence. The suspect is strapped down on the gurney and of course is not free to leave. Is this a Miranda situation before questioning?

   No, not unless you have placed the suspect under arrest prior to transport to the hospital. No custody – No Miranda! Check out this case:

   Defendant was involved in a 50-round shootout and wounded in the arm. While being treated by paramedics a deputy questioned him about the details of the crime. Incriminating statements were obtained. Any restraint was caused by the suspect’s wound and medical treatment not by the police. Defendant was not under arrest, not handcuffed, and the questions posed by the officer were brief in duration (Peo. v. Mosley (1999) 73 Cal. App. 4TH 1084).

Stay Safe,

RH