Recording Interrogations and Penal Code § 859.5
Robert C. Phillips
Deputy District Attorney (Ret.)
January, 2017
As of January 1, 2017, with an amendment to Penal Code § 859.5,[1] it is now the law in…
Interpreting the Unambiguous Invocation
Robert C. Phillips
DDA; retired
December, 2016
It has long been one of Miranda v. Arizona’s[1] principle tenants that once an in-custody suspect invokes his right to…
A “Witness or a Suspect;” Offers of Leniency
Robert C. Phillips
DDA (Ret.)
September, 2016
Fabian Florence Perez was in need of a little extra cash. So when his friend, Christopher Jasso, suggested that they rob someone…
Doing the Interrogation “Two-Step” Again
Robert C. Phillips
DDA (Ret.)
April, 2016
Over three decades ago, the United States Supreme Court decided the case of Oregon v. Elstad,[1] where it held that when law enforcement…
Self-Incrimination and Mind Games; The Interrogation of Minors
Robert C. Phillips
Deputy District Attorney (Ret.)
January, 2016
Thirteen-year-old Elias V. lived with his parents in an apartment complex in Santa Rosa. …
The Edwards/Shatzer Fourteen-Day
Break in Custody Requirement
Robert C. Phillips
DDA, Retired
November, 2015
On January 4, 2010, Bryan David Bridgeford and two others committed a home invasion robbery…
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…
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…
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…
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…
