Booking Questions and Minors

Booking Questions

Miranda, Juveniles, and Questions Re: Age and Birthdate

A minor’s responses to booking questions relative to the minor’s age and date of birth are admissible in evidence despite the lack of a preceding Miranda admonishment and waiver, and even when relevant to the elements of a pending criminal charge.

On November 15, 2019, sixteen-year-old defendant J.W. was observed by Los Angeles Police Department officers walking down the street, carrying a backpack.  Defendant made eye contact with the officers and, as if to say; “Hey, look at me; I’m doing something illegal,” panicked and took off running.  The officers gave chase.  Not knowing that case law says that “fight alone is insufficient to justify a detention” (People v. Souza (1994) 9 Cal.4th 224.), but that items discarded while in flight are admissible in evidence as “abandoned property” (People v. Rodriguez (2012) 207 Cal.App.4th 1540.), defendant tossed his backpack as he ran.  After catching defendant attempting to hide in a laundromat, the officers retrieved the backpack. The backpack was found to contain a loaded semi-automatic handgun with one round in the chamber. As defendant was being handcuffed, he spontaneously told the officers that he was carrying the gun for protection.  Taken to the police station, and while ....