People v. Shockey CA4/3

DISCUSSION

No Miranda Violation Officers arrested Shockey around 10:30 a.m. the morning after the stabbing. Detective Ellis questioned him at the police station around 3:00 p.m. Ellis told Shockey he was under arrest and advised him of his Miranda rights as follows: “Detective Ellis: I’m going to advise you of your Miranda rights. Okay? You know what Miranda is? [¶] [] Shockey: Yes. [¶] [Q]: The right to remain silent. [¶] [A] Yes. [¶] [Q]: Anything you say may be used against you in a court of law. You understand that? [¶] [A] Yes. [¶] [Q]: If you can’t afford an attorney, one will be appointed to you free of charge before questioning if you want. [¶] [A]: Yes. [¶] [Q]: Got a card. I’m tired. With these rights in mind, would you mind telling me what happened last night?” Shockey answered questions and made incriminating statements. Before trial, Shockey moved to suppress his statements under Miranda. The trial court found “although there was a less than perfect recitation of the Miranda rights, that appeared to be a sufficient admonition under Miranda and its progeny.” Shockey complains Ellis did not advise him of the right to have an attorney present during questioning. The…