18-02 - Custodial Interrogation of Juveniles (Revised)
CUSTODIAL INTERROGATION OF JUVENILES
BACKGROUND
As part of a package of seven Senate bills passed in 2017 to address juvenile criminal justice reform, Senate Bill 395 took effect January 1, 2018, and has now been amended due to the enactment of Senate Bill 203. As a result, section 625.6 of the Welfare and Institutions Code (WIC), has been amended creating new requirements for law enforcement when interrogating juveniles in their custody.
Previous law allowed juveniles over the age of 15 to waive their Miranda rights, as long as they were read those rights before questioning while in police custody.
WHAT HAS CHANGED?
Under the provisions of SB 203, 625.6 WIC consists of simple rules regarding the requirements prior to the custodial interrogation of a juvenile:
625.6 WIC
(a) Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 17 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived.
If an officer engaged in a custodial interrogation of a juvenile 17 years of age or younger does not comply with 625.6(a) WIC, the statute requires a court to consider the effect of the failure to comply when determining the admissibility of statements made by the juvenile. This means that any statements made by a juvenile who is allowed to waive his/her required consultation and Miranda warnings may not be admissible in court. Additionally, section 625.6(b) has been amended to declare that, “…the court must consider any willful violation of subdivision (a) in determining the credibility of a law enforcement officer under section 780 of the Evidence Code.”
EXCEPTIONS DURING EMERGENT CIRCUMSTANCES
Under section 625.6 WIC, an officer may ask certain questions of a youth 17 years of age or younger without a legal consultation only if the following criteria is met:
(1) The officer who questioned the youth reasonably believed the information he or she sought was necessary to protect life or property from an imminent threat; and
(2) The officer’s questions were limited to those questions that were reasonably necessary to obtain that information.
SPONTANEOUS STATEMENTS
Any spontaneous statements made by a juvenile whether or not he or she is under arrest may still be admissible in court and are not affected by this law.
WHEN THIS LAW DOES NOT APPLY
This law does not apply when:
- The juvenile is 18 or older; or
- The juvenile is not in custody; or
- The juvenile is not being interrogated.
THE CONSULTATION
Once a juvenile 17 years of age or younger has been arrested and there is a plan to interrogate him or her, have the juvenile call legal counsel first. Deputies should ensure the requirements of this law are met and documented properly. The following may assist in helping to accomplish that task:
- The Los Angeles County Public Defender’s Office has set up a 24-hour hotline to provide juvenile consultations. Call (213) 974-3002 (during business hours) 0800 hours to 1700 hours, Monday through Friday, or (213) 974-1234 (county operator, after hours);
- Ask to have an attorney from the Public Defender’s Office call you regarding a juvenile in your custody needing a consultation;
- Provide a phone number in the station where you and the juvenile can be reached. Do not use a personal cell phone number, and;
- Prior to allowing the juvenile to speak with counsel, obtain the name, State Bar number and contact number of the attorney, and time the call was made. Be sure to document this information in the Incident Report.
ADDITIONAL INFORMATION
Regardless of any communication from an attorney that the juvenile was advised not to speak with law enforcement, an attorney cannot invoke a juvenile’s Fifth Amendment right on their behalf. If after the consultation the juvenile still expresses the desire to speak with law enforcement, it is strongly recommended that deputies or detectives record the juvenile during the Miranda admonition and waiver, and the Gladys R. interview (if under 14).
If you have questions regarding specific circumstances, the Los Angeles County District Attorney, Eastlake Juvenile Division, can be reached Monday through Friday, 0800 hours to 1700 hours, at (323) 226-8955.
Questions regarding the contents of this newsletter may be directed to Field Operations Support Services at [REDACTED TEXT]
REFERENCES
California Senate Bill 395, 2017
California Senate Bill 203, 2020
Welfare and Institutions Code, section 625.6