What constitutes an unequivocal and unambiguous invocation of his right under Miranda?

California, United States of America


The following excerpt is from People v. Art T. (In re Art T.), 183 Cal.Rptr.3d 784, 234 Cal.App.4th 335 (Cal. App. 2015):

the course of a custodial interrogation after watching a video of a shooting was an unequivocal and unambiguous invocation of his rights under Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (Miranda ) and its progeny. In reaching this conclusion, we apply a standard of whether a reasonable officer in light of the circumstances known to the officer or that would have been objectively apparent to a reasonable officer, including the juvenile's age, would understand the statement by the juvenile to be a request for an attorney. We conclude that a reasonable officer would have understood the juvenile's statement in this case to be a request for an attorney.

The juvenile court should have granted the motion to suppress the statements subsequently

[183 Cal.Rptr.3d 787]

elicited by police. Because the Miranda error was not harmless beyond a reasonable doubt under Chapman v. California (1967) 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (Chapman ), we reverse and remand for further proceedings.

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