Miranda Does Not Apply in Probation Revocation Proceedings

The California Court of Appeals held  that the Miranda exclusionary rule does not apply in probation revocation proceedings.   ( People v. Racklin 2011 DJDAR 7220)   The defendant in the case appealed from a judgment imposing a four-year sentence in state prison following the revocation of his probation.   Leroy Racklin contended that the trial court should not have considered an admission elicited from him by police officers in violation of Miranda v. Arizona (1966) 384 U.S. 436.   The First Appellate District in affirmed the judgment of the trial court. The court held that the Miranda exclusionary rule is inapplicable in probation revocation proceedings in the absence of egregious conduct by law enforcement officers.

If you have been arrested for a violation of probation or know someone who has, please contact the Law Offices of David M. Wallin to speak with a Santa Clarita criminal defense attorney with a combined 50 years of criminal law experience representing thousands of people charged with probation violations.