People v. Duck Wong

Defendant appeals from an order granting probation following his conviction of vehicular manslaughter (Pen. Code, § 192, subd. 3(a)) and of willfully leaving the scene of an accident without rendering aid (Veh. Code, § 20001). Among other contentions, we consider whether police interrogation of a suspect properly may occur, during the preinformation or preindictment stage of the proceedings, without first notifying, and obtaining the consent of, the suspect’s counsel. (See People v. Isby (1968) 267 Cal.App.2d 484 [ 73 Cal.Rptr. 294 ]; cf. Massiah v. United States (1964) 377 U.S. 201 [ 12 L.Ed.2d 246 , 84 S.Ct. 1199 ].) We have concluded that, for reasons which appear below, the rationale of the foregoing cases does not apply to police interrogation occurring before formal charges have been filed.

On January 30, 1974, defendant’s fiancee, Kai Kiu Liu, was struck and killed by a vehicle as she crossed an intersection in Los Angeles. At impact the car in question was observed to be travelling in excess of the posted limit and sped away after striking Miss Liu. One motorist pursued the vehicle and obtained its description and license number. The car was registered to…