People v. Joseph R.

I concur with the majority’s decision regarding the sufficiency of the evidence to support the finding Joseph R. unlawfully drove a vehicle. However, I dissent from the majority’s conclusion Joseph was not in custody for Miranda purposes. (See Miranda v. Arizona (1966) 384 U.S. 436 [ 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 ].)

First the facts. Joseph, age 14, was visiting Michael H., age 13, when uniformed Police Officer James Tavenner and his partner arrived to investigate a recent rock-throwing incident. After speaking with Michael’s mother, Tavenner had the minors come out on the porch, telling them he had received information they were involved in a crime. He searched the boys but told them they did not have to answer questions. Michael declined to talk, but Joseph was willing to speak with the officer.

On the sidewalk in front of Michael’s house, Tavenner told Joseph that witnesses had seen him throwing rocks at a bus. As Joseph put it, Tavenner “just kept saying, trying to say that it was me [because] there is a witness[.]” When Joseph denied the allegation, Tavenner “got mad,” handcuffed Joseph and placed him in the back of his police car.

Five minutes passed…

The juvenile court sustained petitions alleging Joseph R. threw rocks at a public bus (Veh. Code, § 23110), assaulted four people, drove a vehicle unlawfully, and possessed a stolen car. Joseph complains (1) the trial court’s order in the rock-throwing case was tainted by the admission of a statement he made without benefit of Miranda 1 warnings—which he insists were required because the police had “focused suspicion” on him— and (2) the evidence in the car theft case failed to demonstrate he knew the car he was driving was stolen. Neither claim has merit, and we affirm.

At Joseph’s jurisdictional hearing, the prosecutor was permitted to elicit a statement Joseph made to a police officer admitting he threw a rock at a passing bus. Joseph objected to admission of the statement, insisting, as he does here, it was inadmissible in the prosecutor’s case-in-chief because the officer neglected to administer Miranda warnings and obtain a waiver of rights before commencing his interrogation. The trial judge concluded Miranda was inapplicable because Joseph was not subject to custodial restraint when the questions were asked. We agree with the trial court.

Early one evening,…