Berkeley Law

The article explores law enforcement compliance with Miranda in the wake of Dickerson and other recent cases. During the past decade, police officers in California have been taught that Miranda establishes a non-constitutional rule of evidence that police are free to disregard to obtain impeachment statements or other evidence. The practice has become so well established in California that it has acquired its own moniker, questioning "outside Miranda." By placing Miranda on a secure constitutional footing, Dickerson seems to undercut the theory that supports this practice. This article collects training materials used by police departments to explain the holding in Dickerson and recent decisions from the California Supreme Court and the U.S. Court of Appeals. The article concludes that the prospect of civil rights liability may, more than Dickerson, lead officers to comply with Miranda, though the practice of violating Miranda will only end if supervisors in the different police departments inculcate a culture of respect for Miranda.