Policy Text
MOUNTAIN
2020
POLICE
VIEW
MOUNTAIN VIEW POLICE DEPARTMENT
SPECIAL SERVICES SECTION
TRAINING AND INFORMATION
BULLETIN
PAGE 1 OF 2
DATE:
BULLETIN NUMBER:
SUBJECT:
INFORMATION:
12/30/2020
20-19
Custodial Interrogation-All Minors under the age of 18
In January 2021, new age cutoffs will apply to the interrogation of all minors. Through 2020,
absent certain exigencies, all minors ages 15 or younger were required to consult with counsel
before any waiver of Miranda rights prior to custodial interrogation (refer to Senate Bill 203).
Starting in 2021, 625.6 W.I.C. now applies to the custodial interrogation of all minors under the
age of 18:
"(a) Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 17 or
younger shall consult with legal counsel in person, by telephone, or by video conference. The
consultation may not be waived.
(b) The court shall, in adjudicating the admissibility of statements of a youth 17 or younger made
during or after a custodial interrogation, shall consider any willful violation of subdivision (a) in
determining the credibility of a law enforcement officer under Section 780 of the Evidence
Code.
(c) This section does not apply to the admissibility of statements of a youth 17 or younger if both
of the following criteria are met:
(1) The officer who questioned the youth reasonably believed the information the officer sought
was necessary to protect life or property from an imminent threat.
(2) The officer's questions were limited to questions that were reasonably necessary to obtain
that information.
(d) This section does not require a probation officer to comply with subdivision (a) in the normal
performance of the probation officer's duties under Section 625, 627.5, or 628."
Failing to provide a consultation with counsel will affect the admissibility of the minor's
statements (under general admissibility provisions) at a subsequent adjudication or trial.
CONFIDENTIAL FOR LAW ENFORCEMENT USE ONLY
MOUNTAIN
2020
POLICE
VIEW
MOUNTAIN VIEW POLICE DEPARTMENT
SPECIAL SERVICES SECTION
TRAINING AND INFORMATION
BULLETIN
PAGE 2 OF 2
Additionally, a willful violation of 625.6 W.I.C. will impact your credibility at an
admissibility hearing. The failure to comply with 625.6 W.I.C. does not, however, establish a
constitutional violation under the Miranda decision or under any other controlling United States
Supreme Court precedent. (Anthony L. (2019) 43 Cal. App. 5th 438.)
Source Document:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB203
Prepared by: Lt. A. Espitia
Approved by: Captain Canfield
CONFIDENTIAL FOR LAW ENFORCEMENT USE ONLY