Policy Text
Roll Call Training Bulletin
Produced by: Sergeant Andy Hall, Patrol Daniel Hahn , Chief of Police
Prepared by: Of ficer Rose Cabrera , PSU Volume 85
Juvenile: Custodial Interrogation
Welfare and Institutions Code section 625.6 (a)
12-21-20
EFFECTIVE JANUARY 1, 2021
SUMMARY:
Senate Bill 203 amended WIC 625.06 (a) Juvenile: Custodial Interrogation . The statute now prohibit s
a custodial interrogation or waiver of Miranda rights by a minor (17 years of age or younger) before
the minor has first consulted with legal counsel in person, by telephone, or by video conference. This
consultation cannot be waived.
The court, in determining whether the juvenile’s statements made to law enforcement will be
admissible , is required to consider the minor’s lack of consultation with l egal counsel. Additionally, the
court is required to consider the minor’s lack of consultation with legal counsel in determining the
credibility of any officer who willfully failed to comply with the consultation requirement under
Evidence Code section 780 .
EXCEPTIONS:
• Situations where the officer who questions a youth reasonably believes the information sought
is necessary to protect life or property from an imminent threat, and the questions are limited to
those reasonably necessary to obtain that information. The adm issibility of statements of a
minor must have both the above criteria met.
• Probation officers who are exempt from the legal consultation requirement in the normal
performance of their duties. Provisions of the Welfare and Institutions Code require a
proba tion officer taking a minor into custody to advise the minor of his or her Miranda rights,
including the right to have counsel present during the interrogation and that counsel will be
appointed if the minor is unable to afford counsel.