In Re Gilbert E.

Gilbert E. appeals from the order of wardship (Welf. & Inst. Code, § 602) based upon the juvenile court’s finding that he committed four counts of misdemeanor vandalism (Pen. Code, § 594, subd. (b)(4)), and four counts of affixing graffiti (Pen. Code, § 640.6). He contends that his inculpatory statements to the police were inadmissible because the officer deliberately continued to interrogate him after he invoked his Miranda rights. (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ].) We agree and reverse.

At 1:30 a.m. on August 17, 1993, Oxnard police officers detained appellant, who was nearly 15 years of age, with 4 other minors in an alley. After field interview cards had been filled out and the minors had been released, the police discovered that several nearby properties had just been painted with graffiti. One of the officers noted that the word “Turtle,” which appellant had previously acknowledged to be his gang nickname, was included in the graffiti.

Appellant was arrested and transported to an interview room at the Oxnard Police Department. Detective James O’Brien activated a tape recorder in plain sight and attempted…