Is a statement by a police officer that appellant requested his attorney be present during his questioning not admissible?

California, United States of America


The following excerpt is from People v. Prater, 139 Cal.Rptr. 566, 71 Cal.App.3d 695 (Cal. App. 1977):

The record also fails to show any objection to the officer's statement that appellant requested his attorney be present during the interrogation; appellant made no motion to strike the testimony nor any request that the jury be admonished; therefore, he is precluded from urging the error on appeal. (People v. Thompson (1972) 25 Cal.App.3d 132, 144, 101 Cal.Rptr. 683.)

[71 Cal.App.3d 705] Finally, assuming that the evidence of appellant's request for an attorney was admitted in error, such error was harmless beyond a reasonable doubt (Chapman v. California (1967) 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705) in light of appellant's own admission of the shooting. Moreover, the prosecutor made no effort to exploit the statement so as to bring this case within the ambit of People v. Andrews (1970) 14 Cal.App.3d 40, 92 Cal.Rptr. 49.

Other Questions


What is the test for admitting an admission of a statement to a police officer that he would kill the first police officer to step inside his cell if he was not permitted to visit with his wife? (California, United States of America)
Can a police officer who observed and, briefly, followed appellant before the detention obtain inculpatory observations from the officer who followed appellant's detention? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Can evidence concerning statements made to officers and to the district attorney by appellant be considered admissible at a hearing? (California, United States of America)
Does a witness's statement that he was being followed by the police officer that he did not know what he was doing at the time of the incident affect the admissibility of the officer's report? (California, United States of America)
Can a district attorney request the assistance of investigators or police officers in the presentation of the People's cases? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Can a district attorney request a motion to recuse the office of the District Attorney's Office from prosecution of a charge of sexual assault based on race, religion or other arbitrary classification? (California, United States of America)
Can a Defendant challenge a finding that the victim's statements to police officers were admissible as prior inconsistent statements? (California, United States of America)
Is there any case law where a witness described the scene in a car in which appellant's statement to the police was more damaging than appellant's own statement? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.