In Re Michael E.

People v. Michael E.

Good Law
112 Cal. App. 3d 74·169 Cal. Rptr. 62·1980 Cal. App. LEXIS 2435
Court of Appeal of CaliforniaNovember 13, 1980Crim. 37167California1,837 words

Opinion

Opinion

Kaus, J.

The juvenile court sustained a petition alleging that appellant minor Michael E. had committed burglary. A previous order for camp community placement was ordered to remain in force. Michael appeals claiming that his confession was the result of an illegal detention and should not have been admitted; he also complains that the interrogating officer failed to provide him with the attorney who was representing him in another matter and did not inform him of his right to make a phone call to that attorney. (Welf. & Inst. Code, § 627, subd. (b).) Finally, he asserts that he was denied due process because the jurisdictional hearing was conducted by a referee, rather than a judge.

Facts

The burglary in question took place sometime between 9:30 a.m. and 10:30 p.m. on November 28, 1979. Michael was arrested by the Long Beach police at about 8:30 p.m. on November 30, a Friday. He was booked at 9:40 and kept overnight in a detention area reserved for juveniles. The probation department maintains a so-called “intercept officer” at the station, but he usually leaves at about 9 p.m. Five minutes after Michael was booked, his parents were notified (Welf. & Inst. Code, § 627, subd.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.