The Miranda Law Dilemma: A Phenomenological Study of the Rights Afforded to Police Officers Under Investigation by their Employing Agency.

摘要

There is a lack of understanding regarding the proper application of the Miranda law and the Public Safety Officers Procedural Bill of Rights Act (POBR) during the interrogation of a police officer who has committed a crime and misconduct. The misapplication of the Miranda law and POBR is exacerbated by conflicting court decisions. Violations of the aforementioned laws could lead to punitive and compensatory damages levied against the offending investigators and their employing agency and the exclusion of evidence in legal proceedings. In this study, the application of the rights required during the interrogation of police officers was investigated. The purpose of this study was to explore the lived experiences and perceptions of law enforcement investigators regarding the application of the Miranda law during the interrogation of a police officer who has committed a crime and misconduct. Using a phenomenological qualitative design and methodology, 10 police investigators from 10 law enforcement agencies located in Southern, Central, and Northern California were interviewed. Viewed from a legal pluralism framework, an analysis of the study's findings revealed that some police interrogators misapplied the Miranda rights during criminal and administrative interrogations of police officers based on their understanding and application of the Miranda law and POBR. The analysis of the study's findings further revealed that an improper application of the law could result in legal consequences and monetary fines for the violators. Based on the results of this study, it is recommended that law enforcement investigators continue educating themselves regarding the proper application of the Miranda law and POBR. It is further recommended that future studies investigate the application of the Miranda law to other state's procedural rules that are similar to POBR.