Does a public safety officer have a constitutional right to remain silent under the Miranda Act?

California, United States of America


The following excerpt is from Kelly v. City of Fresno, 159 Cal.App.3d 110, 205 Cal.Rptr. 416 (Cal. App. 1984):

We agree with petitioner. However, we purposely avoid the temptation to treat this as a constitutional interpretation case rather than a statutory interpretation case. We need not frame the issue in emotionally evocative terms, i.e., "Do police have greater (more) Miranda rights than other citizens?" Instead, we must decide whether a public safety officer has a constitutional right to remain silent, statutorily extended to administrative investigation/interrogation situations, when it is likely criminal charges will be filed. Another provision of the act has been termed a "statutory privilege." (Estes v. City of Grover City (1978) 82 Cal.App.3d 509, 516, 147 Cal.Rptr. 131.)

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