- Ref # CAB00170
- August 08, 2022
Minors, Miranda, and the California Legislature
"FROM THE CLASSROOM"
By Ray Hill, Professor Emeritus, Santa Rosa Junior College
“Its ‘402’ time, officer” - “Who Wins, You or Defense counsel” Note: 402(b) E.C. – A pre-trial court hearing to determine the admissibility of an admission or confession.
"Minors, Miranda, and the California Legislature”
This is the eighth in a series of mini-articles covering basic Miranda and Confession Law. This review is equally applicable to detectives and those generalists who are assigned to investigate their own cases.
As my valued instructional colleague at the Santa Rosa Public Safety Training Center, Sergeant Kevin Scanlon, Sonoma County Sheriff’s Office (Retired) said with the repeal of 653.20 P.C. – Loitering for the Purpose of Engaging in Prostitution (See LUPC Publication Alert 7/7/22), “It is truly unfortunate that the California Legislature has proved once again our efforts to protect people from evil is affected by California legislators lack of positive protection to thwart the efforts by the criminal element to gain ground of unlawful behaviors”.
Prime example, the “Sacramento crew” decided a few years back to legislate Fifth Amendment interpretation. This has has created confusion in questioning minors who have been arrested, despite the seriousness of the crime. Letter of the law, spirit of the law, department policy – how do you proceed
Under Fifth Amendment case law (which is the “interpretive purview” of the appellate courts, not our State Senate, Assembly, or the Governor who signs these bills), minors are absolutely able to understand and waive their Miranda rights (Fare v. Michael C. (1979) 442 U.S. 707; Peo. v. Villesenor (2015) 242 Cal. App. 4th 42; Peo. v. Lara (1967) 67 Cal. 2nd 365).
At a suppression motion, two .... © 2026 Legal Updates, LLC.
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