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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