People v. Bradford

Defendant was convicted of second degree murder and other offenses. Following his arrest, he was interviewed by the police. Prior to beginning the interview, the officers quizzed defendant about his knowledge of the Miranda warnings from prior arrests and watching television. Although the officers eventually mentioned three of the four required warnings during the discussion, they omitted any reference to the use of defendant’s statements against him. After an extended subsequent interrogation, defendant confessed to the shooting.

The trial court found the Miranda warnings adequate and admitted defendant’s statement in the prosecution’s case-in-chief. We conclude that defendant’s statement should have been suppressed and that its admission was not harmless error. Accordingly, we reverse.

I. BACKGROUND

Defendant was charged in an information, filed December 29, 2004, with murder (Pen. Code, § 187), being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)), and being a felon in possession of ammunition (Pen. Code, § 12316, subd. (b)(1)). The information also alleged that defendant personally used a firearm (Pen. Code, § 12022.53) and had suffered three…