AHMAD A. v. Superior Court

Introduction

This writ petition presents the question of whether respondent superior court must exclude evidence of a surreptitiously tape-recorded conversation between a minor and his parent in a police interrogation room. Under the circumstances chronicled here, we answer in the negative.

Factual and Procedural Statement

On February 1, 1989, the Los Angeles District Attorney filed a petition alleging that the minor, 17-year-old Ahmad A., came within the provisions of section 602 of the Welfare and Institutions Code in that he had murdered Gary Bolden with a handgun on or between October 26 and 27, 1988. (Pen. Code, §§ 187, 12022.5, 12022, subd. (a).) Preliminary investigation caused law enforcement to believe the shooting related to narcotics activity and involved the minor’s cousin, Gerald Chatters.

Through a message on the victim’s telephone answering machine, police became aware the minor had contacted Chatters the night of the victim’s death. Having interviewed the minor a day or two following the murder, Los Angeles Police Detective Stephen Fisk took him into custody on January 31 or February 1, 1989, and transported him to Foothill Police Station. Upon…