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Name: People v. Racklin
Case #: A128857
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/19/2011
Summary

The Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) exclusionary rule does not apply in probation revocation proceedings. During a probation search where drugs were found, the officer turned to the defendant and asked him if the drugs were his and he answered in the affirmative. He was later read his Miranda rights and refused to make a statement. The defendant testified at the revocation hearing that he never told the police that the drugs were his. The officer testified to the defendant’s confession and his later invocation of his right to remain silent. The exclusionary remedy for a Miranda violation applies at a criminal trial, but not at a probation revocation proceeding. The result might be different if the confession was shown to have been involuntary or coerced.