In re Bonnie H

In In re Bonnie H. (1997) 56 Cal.App.4th 563, the Court of Appeal was confronted with an issue of a minor's subsequent confession being obtained after the minor had invoked her right to counsel in a prior custodial interrogation regarding a homicide investigation. The subsequent confession was obtained after a break in the custody of the minor of approximately a month's time. In the prior interrogation the minor (who had falsely claimed to be 19 years of age) invoked her right to counsel and the officers ceased their questioning. The minor was ultimately released from custody. (Id. p. 566.) The minor challenged the trial court's ruling denying her motion to suppress her subsequent confession. The minor contended that having once invoked her right to counsel, in connection with her initial interrogation, the officers could not subsequently interrogate her about the same homicide investigation. However, the court found the break in custody did not bar a subsequent valid and effective waiver of her Miranda rights or an interrogation after waiving those rights.