Police Department Policy

GGPDE_T.B._19-04_-_Minor_Interrogations_Proced_1700398

Garden Grove PD

Policy Text
TOM DaRé , CHIEF OF POLICE Professional Standards Division NUMBER: 2019 -04 ISSUED: May 14, 2019 Minor Interrogation Procedures & W&I 625.6 On January 1, 2018 Senate Bill 395 became effective and enacted W&I 625.6, which states prior to a custodial interrogation, and before the waiver of Miranda rights, a juvenile 15 years of age or younger "sh all consult with legal counsel, in person or by phone or video conference, except in cases where information is needed to protect life or property from an imminent threat. ” This consultation may not be waive d. A court adjudicating the admissibility of such a juvenile's statement made "during or after" a custodial interrogation "shall consider the effect of failure to comply" with this procedure. (A juvenile is 15 years of age or younger until the date of his 16th birthday. People v. Cornett (2012) 53 Cal.4th 1261, and cases cited at 1269 -70.) Procedures prior to any custodial interrogation for minors 15 years and younger. The Orange County Public Defender’s Office is the mandated first appointment to indigent minors who are accused of criminal conduct. Attorneys at their office are available 24 hours a day, 7 days a week to be called out to meet and consult with minors age 15 and under prior to any custodial interrogation. During regular business hours, from 8 :00 am to 5:00 pm on Mondays through Fridays, excluding holidays , officers should call the OC Public Defender’s Office at the West Justice Center and ask to speak with the attorney supervisor. The contact information for the West Justice Center Office is: Orange County Public Defender West Office 14120 Beach Blvd. Suite 200 Westminster, CA 92683 (657) 251 -6562 After regular business hours, on weekends, and on holidays, officers should call the “On Call Attorney”, who will be in possession of a cell phone that is given to the assigned On Call Attorney each week. The On Call cell phone number is 714-741-2864 . The information in this training bulletin was provided by th e Orange County Public Defender’s Office effective April 22, 2019. The contact attorney is Sharon L. Petrosino. TRAINING BULLETIN

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