In re Michael C

In In re Michael C. (1978) 21 Cal.3d 471, the California Supreme Court extended the application of People v. Burton to include a minor's request for his probation officer, prior to custodial interrogation, as a per se invocation of the minor's Fifth Amendment rights. "Defendant's request to see his probation officer at the commencement of interrogation negated any possible willingness on his part to discuss his case with the police; it thereby invoked his Fifth Amendment privilege." (Ibid.) The Supreme Court's decision reversed the trial court's ruling holding the defendant's confession admissible. (Id. at p. 478.) The California Supreme Court had held that a confession obtained from a minor after his request to see his probation officer had been denied, was obtained in violation of the minor's Miranda rights. It was that holding which the United States Supreme Court reversed, primarily on the ground that a probation officer, by virtue of his dual allegiance, was not the kind of person on whom a minor was entitled, within the purpose of Miranda, to rely.