California Court of Appeals, First District, Fourth Division
IN RE ANTHONY L., a Person Coming Under the Juvenile Court Law.
Anthony L., Defendant and Appellant. The People, Plaintiff and Respondent,
Cal.Rptr.3d 692] City and County of San Francisco Superior
Court, Hon. Michael Begert. (San Francisco City & County
Super. Ct. No. JW186044)
[Copyrighted Material Omitted]
for Appellant: Leila H. Moncharsh, Oakland, by
Court-Appointment under the First District Appellate Project.
for Respondents: Xavier Becerra, Attorney General; Jeffrey M.
Laurence, Senior Assistant Attorney General; Donna M.
Provenzano, Supervising Deputy Attorney General; Melissa A.
Meth, Deputy Attorney General.
interrogating a 15-year-old in custody, police must arrange
for the youth to consult with counsel. (Welf. & Inst. Code, �
625.6, subd. (a).) Here we address the admissibility of a
statement taken in violation of this statutory command.
Anthony L. (Minor) appeals a dispositional order of the
juvenile court placing him on probation for committing
assault with force likely to cause great bodily injury. (Pen.
Code, � 245, subd. (a)(4).) He contends that the juvenile
court should have excluded his statement to police officers,
but because his rights under the United States Constitution
were not violated, we disagree. We will strike an
impermissibly vague probation condition and otherwise affirm
I. FACTUAL AND PROCEDURAL BACKGROUND
A. The Assault
victim of the crime, a 61-year-old man, pulled his car into
the driveway of his home and waited for the garage gate to
open. He saw a group of five teenagers nearby. They walked
behind the victim’s car, and he heard a
loud bang, as if someone had hit or kicked his car. The
victim got out of car and yelled at the teenagers, "
‘Why did you do that? Why did you hit my car?’ " One of
them responded, " ‘How do you know we did it?’ "
The victim said, [256 Cal.Rptr.3d 693] " ‘Well, did you
do it?’ " The teenagers "came at" the victim,
surrounded him, and hit and kicked him repeatedly on his head
and face. They ran away when someone who worked nearby
approached and yelled that he was calling the police.
incident was captured on nearby security cameras. One of
Minor’s teachers was shown a video and still photographs from
the videos, and identified Minor as one of the assailants.
She recognized him by the gray hooded sweatshirt he was
wearing and the shape of his face. She checked a school
photograph to "double check," but she was confident
of her identification because she had been spending a lot of
time with Minor since he had begun her class a couple of
B. Minor’s Statement to Police
the teacher identified Minor, Sergeant Christopher Smith of
the San Francisco Police Department contacted Minor’s mother
(Mother). Smith told her he was investigating a crime and
needed to set up a meeting with Minor and Mother. They
arranged for Smith to come to the family’s home at 11:30 on
the morning of February 21, 2018, a school day. Mother had
told Smith she would like a Spanish speaker present, and
Officer Martinez, who spoke Spanish, accompanied Smith. Smith
wore plain clothes with a police badge and firearm, and
Martinez was in a police uniform. Martinez’s body camera
recorded the events, and there was a second audio recording.
the officers arrived, Mother led them to Minor’s bedroom,
where he was sleeping. Mother stayed in the room. Minor, who
appeared to be wearing shorts, put pants on. He sat on his
bed, and the officers remained standing.
began the interview by asking Minor his name and date of
birth. Minor had recently turned 15. Smith handed Minor a
"Juvenile Know Your Rights" form, and Minor looked
down at it. Smith told Minor, "I’m going to read you
your rights just because you’re a juvenile. It’s not—
you’re not under arrest right now, okay, just understand
that. But because you’re a juvenile we have to read you your
rights, okay." Minor nodded slightly. Smith then said,
"You have the right to remain silent, do you
understand?" Minor nodded, and Smith continued,
"Anything you say may be used against you in court, do
you understand?" Minor appeared to nod slightly but did
not say anything, and Smith told him, "[Y]ou’ve got to
verbally say it for me," and repeated the admonitions
that Minor had the right to remain silent and that anything
he said could be used against him in court, then informed
he had the right to an attorney and an attorney would be
appointed free of charge before any questioning if he could
not afford one. When asked if he understood each statement,
Minor answered "Yes." Smith did not ask Minor a
common final question in a Miranda warning—
"Having those rights in mind, do you now wish to speak
with me?"— because he did not think Minor was in
first asked Minor general questions about his schooling,
asked whether Minor knew why Smith was there, then asked
Minor where he was the evening of the assault. After asking
Minor if he was currently under the influence of any
substances and whether he had ever been arrested, Smith asked
whether he remembered being by the Safeway store on Marina
Boulevard. Minor nodded, and Smith said, "Can you
verbalize that for me?" Minor said, "Yeah."
Smith said, "And what happened behind the Safeway on
North Point Street?" Minor shrugged. Smith asked,
"Did you do something you weren’t supposed to do?"
Minor again nodded, and [256 Cal.Rptr.3d 694] Smith said,
"Can you verbalize that for me?" Minor replied,
asked Minor, "And what did you do?" and Minor was
silent. Smith continued, "I know it’s hard to talk man,
it’s— I don’t want you to feel down on yourself, I
seriously don’t, but you know you did something wrong, right?
So I don’t want you to ... feel like you’re a bad person
right now[,] but I want to hear it from you what you did
wrong." Minor was silent and shrugged. Smith asked,
"Do you remember an old guy in a car?" Minor
nodded, and Smith said, "Okay, can you verbalize that
for me?" Minor said, "Yeah." Smith asked,
"And what happened with the old white guy?" and
Minor said, "He— he started," then said
something unintelligible. Smith said, "I mean, there’s
video of it so I mean that’s why I’m here. So I remember him
yelling at you. Do you remember what he said to you?"
Minor shook his head and said, "Huh-uh."
asked Minor what caused the group to react as they did, and
Minor said, "I forgot." Smith continued, "But
you remember what you guys did, what you and your friends did
to him?" Minor nodded, and Smith asked, "Is that a
yes?" Minor said, "Yeah." Smith asked Minor to
explain, and Minor said, "You all got the video you can
see." Smith told Minor that young people make mistakes,
that he wanted him to "own up to [his] mistake,"
and that Minor should "man-up and take responsibility
for [his] mistakes." Smith asked Minor if he agreed, and
Minor said, "Yes." Smith continued, "So you
want to man-up right now and tell me what happened? [Minor],
can you tell me what you did?" Minor was silent. Smith
asked Minor why he was being "shy," and Minor said,
"Because I don’t feel like talking." Smith told
Minor he had been speaking to Mother, who wanted Minor to do
well, and that he should be in a program. Minor agreed he
should not be "doing things like
that day." After further discussion about Minor’s need
for guidance and discipline and the importance of making good
decisions, Smith asked if Minor could talk about what
happened. Minor shook his head, and when asked why, said,
"You all got the video you all can see what
happened." Smith reiterated that Minor should own up to
what he did, and asked Minor how many times he punched the
man. Minor said he did not know. Smith said, "Was it
three or more?" and Minor again said he did not know.
Smith said, "Was it one?" and Minor shook his head.
asked Minor for the names of the other people who were
involved, and Minor said he did not know their names, then
that he did not want to tell Smith. Smith asked why Minor hit
the victim, and Minor said it was because the victim
"said stuff." In response to more questioning, he
admitted that he kicked the car and that he hit the victim
because the victim made him upset. Asked again for the names
of the other people involved in the incident, Minor said
again that he did not want to tell Smith. Smith then placed
Minor under arrest.
C. The Juvenile Court’s Rulings
juvenile wardship petition alleged Minor committed assault
with force likely to cause great bodily injury. (Pen. Code, �
245, subd. (a)(4).) Minor moved to exclude his statements to
the police on constitutional and statutory grounds. The
juvenile court denied the motion, finding that the
interrogation was custodial but rejecting Minor’s claims that
his statements were obtained in violation of Miranda v.
Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d
694 (Miranda ) and were involuntary. For reasons
discussed below, it also found no violation of section ...