Legislative Update: Bills in the California Legislature Related to Fourth, Fifth and Eighth Amendments

Bills in the California Legislature Related to the Fourth, Fifth and Eighth Amendments  This is an update to the California Legislative Update (9/26/23) – LU Ref.# CAB00221. 

By Ray Hill 
Professor Emeritus, Santa Rosa Junior College 

Much appreciation to the California Peace Officers Association, California State Sheriffs’ Association, California Police Chiefs Association, California District Attorneys Association, and the California Narcotics Officers’ Association for their legislative advocacy in supporting law enforcement.  

Miranda and Minors (627.7 W&I) 

This legislation was passed in 2023 but is effective 7/24/24.  

During a custodial interrogation of a person under 17 years old relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception or psychologically manipulative interrogation tactics. 

Why does this need to be in a statute? A prime example “legislative grandstanding,” I propose. This area is already well covered under Fifth and Fourteenth Amendment case law. There is an enhanced judicial review of a minor’s understanding and waiver of Miranda rights and the conduct of an interrogation that encompasses two tests: personal characteristics of the minor (age, intelligence, education, language barrier, experience in the criminal justice system) and the totality of the circumstances (events surrounding the waiver, police interrogation tactics that play on a minor’s youthfulness or immaturity, conduct indicating an unwillingness to speak).  

Bottom Line – There is more to prove in determining the admissibility of a minor’s statement than with an adult.  

For more, see Robert Phillips’ “Miranda and the Law – The Fifth Amendment – An Update” (July 2022) – Chapter 10 – Juveniles and Miranda. 

I see this legislation as a potential expert witness employment bill where defense psychologists and “interrogation experts” will testify that what you did, what you have used before, what you have been trained to do in ....

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