Police Department Policy

e4.1-advisement-of-rights-2001

El Dorado County Sheriff

Policy Text
Issued 1/89 Revised 5/01 ADVISEMENT OF RIGHTS All probationers – adult and juvenile – must be advised of their legal ri ghts, preferably by the reading of a Miranda Advisement card, prior to questioning by an employee if criminal court action or prosecution could result from that ques tioning and client statements are to be court admissible. In addition, statute requires juve niles to be advised of their le gal rights when arrested by any Deputy Probation Officer, even if not questioned or a parent or guardian is not present (625 WIC). The arresting officer shall take immediate steps to notify the minor’s parents, guardian, or responsible relative of the minor’s arrest (627(a) WIC). The juvenile and at least one pare nt or guardian must be advised of the minor’s legal rights at the intake/detention process, prior to adjudication. At that time th e minor must waive his rights, with the concurrence and approval of the parent or guardian, prior to specific questioning (627.5 WIC). If, after every effort to contact a parent or guardian is made, and the minor is in custody, the Probation Officer shall proceed with the de tention process without questioning the minor about the offense. E4.1

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