What is the effect of a probation officer advising a minor to cooperate with the police?

California, United States of America


The following excerpt is from Michael C., In re, 146 Cal.Rptr. 358, 21 Cal.3d 471, 579 P.2d 7 (Cal. 1978):

Still another potential problem looms on the horizon. When the probation officer, a statutory peace officer, advises the minor to cooperate with the police, perhaps even to confess, the minor is likely to complain later of what he will perceive as pervasive law enforcement pressure. He may argue, with some rationality, that he had been subjected to a variation of the Mutt-and-Jeff technique criticized in Miranda : initial interrogating by overbearing officers, then comforting by a presumably friendly and gentle peace officer in the guise of a probation officer. (Miranda v. Arizona (1966) 384 U.S. 436, 452, 86 S.Ct. 1602, 16 L.Ed.2d 694.) The bottom line is that pursuant to the technique he will have submitted to interrogation. When that argument is made to us, as it inevitably will be one day, we will face a difficult problem.

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