In re Art T.

People v. Art T.

Good Law
183 Cal. Rptr. 3d 784·2015 Cal. App. LEXIS 135·234 Cal. App. 4th 335
Court of Appeal of CaliforniaFebruary 11, 2015B251083California8,501 words

Opinion

Opinion

Feuer, J.

INTRODUCTION

In this juvenile delinquency proceeding, we hold that a 13-year-old boy’s statement — “Could I have an attorney? Because that’s not me” — made during the course of a custodial interrogation after watching a video of a shooting was an unequivocal and unambiguous invocation of his rights under Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 ] (Miranda) and its progeny. In reaching this conclusion, we apply a standard of whether a reasonable officer in light of the circumstances known to the officer or that would have been objectively apparent to a reasonable officer, including the juvenile’s age, would understand the statement by the juvenile to be a request for an attorney. We conclude that a reasonable officer would have understood the juvenile’s statement in this case to be a request for an attorney.

The juvenile court should have granted the motion to suppress the statements subsequently elicited by police. Because the Miranda error was not harmless beyond a reasonable doubt under Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 ] (Chapman), we reverse and remand for further proceedings.

FACTUAL AND…

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