Lopez

The Quandary

In this case we must determine whether the Supreme Court in People v. Pettingill, 21 Cal.3d 231 [ 145 Cal.Rptr. 861 , 578 P.2d 108 ], has established an inflexible rule which has created an impenetrable barrier against any subsequent interrogation of an in-custody suspect after he has once invoked his Miranda rights. After an analysis of Pettingill and a consideration of the policy factors involved, we decline to read into Pettingill any such rigidly ritualistic dogma. Rather, we conclude that in Pettingill the Supreme Court has attempted to establish reasonable and flexible guidelines in order to accommodate the right of the individual to exercise his privilege against self-incrimination and society’s interest in protecting itself through reasonably effective law enforcement procedures.

The Case

Defendant was convicted by a jury of two counts of kidnaping, two counts of violation of Penal Code, § 288 and one count of violation of Penal Code, § 288a. He was found to be a mentally disordered sex offender but not amenable to treatment. Sentenced to prison, he has appealed.

The Crimes

On January 13, 1977, in the Bloomington area of San Bernardino County,…