In Re Pablo C.

I concur.

The majority opinion correctly assesses the record. It is void of evidence relevant to what, if anything, occurred to dissipate the taint from the first two improper, non-Mirandized statements. This vacuum is due in part, to a statement, in effect a concession, made by defense counsel in oral argument. Counsel stated he was not prepared to argue and no case law supported the theory that the confession in the vice principal’s office was tainted by the earlier statements. The court offered counsel more time to prepare an argument but counsel declined. The court concluded “All right, I will adopt your view of it .... ” Counsel’s conduct resulted in the trial court’s decision to admit the statement without proper evaluation. The concession- cut off the court’s inquiry into the continuing effect of the taint and relieved the prosecution of its burden of proof.

Therefore, two errors require reversal. First, there is no evidence to support the trial court’s admission of the third confession. The trial court, in determining whether a Miranda taint had dissipated, should have evaluated whether the third confession was an independent act of free will (see In re Peter G. (1980)…

Pablo C., a minor, appeals the order declaring him to be a ward of the court. (Welf. & Inst. Code, § 800.) The question presented is the effect of the presumed taint of a non- Mirandized [1] confession on a later Mirandized confession. As we shall explain, we have concluded there is insufficient evidence to support a factual finding that Pablo's later confession was obtained in a manner and under circumstances which removed the illegality resulting from the failure to have given Pablo a Miranda warning when he was first interrogated We therefore reverse the order.

On February 8, 1981, about 6 p.m. as Mr. Olinger and his family were driving eastbound on Highway 94 approaching the 22d Street bridge in San Diego, concrete debris hit the pavement a few feet in front of their car causing pieces of concrete to scratch and dent their vehicle. About 15 to 20 minutes later, Olinger telephoned the police and related the incident.

On that date and at approximately the same hour, 6 p.m., California Highway Patrolman Riordan was patrolling eastbound on Highway 94. He was paying particular attention to the 22d and 25th Street bridges because rock throwing incidents from…

Pablo C., a minor, appeals the order declaring him to be a ward of the court. (Welf. & Inst. Code, § 800.) The question pre *987 sented is the effect of the presumed taint of a non-Mirandized1 confession on a later Mirandized confession. As we shall explain, we have concluded there is insufficient evidence to support a factual finding that Pablo’s later confession was obtained in a manner and under circumstances which removed the illegality resulting from the failure to have given Pablo a Miranda warning when he was first interrogated We therefore reverse the order.

Factual and Procedural Background

On February 8, 1981, about 6 p.m. as Mr. Olinger and his family were driving eastbound on Highway 94 approaching the 22d Street bridge in San Diego, concrete debris hit the pavement a few feet in front of their car causing pieces of concrete to scratch and dent their vehicle. About 15 to 20 minutes later, Olinger telephoned the police and related the incident.

On that date and at approximately the same hour, 6 p.m., California Highway Patrolman Riordan was patrolling eastbound on Highway 94. He was paying particular attention to the 22d and 25th Street bridges because rock…