New and Amended Statutes; Disclaimer:

The statutes listed here are not intended to cover the entire body of the Legislature's work for 2009. Only those statutes believed to be of interest to most law enforcement officers, with the concerns of prosecutors in mind, are included. Sentencing rules, typically covered better in other publications, have been avoided except when important to a new or amended offense. The statutes that are covered have been severely paraphrased, the degree of detail being dependent upon the newness, importance, and/or complexity of the statute. Although I have made a sincere effort to avoid taking any part of a statute out of context, it is strongly recommended that the unedited statute be consulted before attempting to use it either in the field or the courtroom. The effective date of each new or amended statute is January 1, 2010, unless otherwise indicated.

ADMINISTRATIVE NOTES:

Interrogating Out-Of-Custody Suspects Who Invoke:

I've been preaching for some time that "anticipatory invocations" are legally ineffective. In other words, attempts to invoke one's Miranda rights either [1] before an interrogation occurs or is even imminent, or [2] before being taken into custody, may be ignored, allowing the officer to again seek a Miranda waiver at some later time. But some officers are using this theory to justify continuing an interrogation of an out-of-custody suspect despite attempts by the suspect to invoke during the interrogation. The reasoning goes that if such an anticipatory invocation is legally ineffective, then attempts by an out-of-custody to invoke may be ignored altogether and the interrogation continued. As reasonable as this argument sounds, I strongly believe it is wrong. However, the only case I had that specifically held this tactic to be illegal (People v. Garcia (Mar. 11, 2009) 90 Cal.Rptr.3rd 440.) was depublished. So I took some time to research the issue further: Here's what I found: Although a Miranda invocation may not be effective when made during a non-custodial