People v. Jentry

In People v. Jentry (1977) 69 Cal.App.3d 615, defendant was arrested and booked and, during the booking process, made several telephone calls in an effort to obtain an attorney. Some hours later, he approached the police officers and volunteered to waive his previously asserted right to counsel, following which a confession was received. ( Id., at pp. 621-624.) The court noted: "Nor was the statement of November 21 taken in derogation of appellant's Sixth Amendment right to counsel. The statement was volunteered by appellant and was given in the preinformation stage of the proceedings. In People v. Duck Wong (1976) 18 Cal.3d 178, 185-186 . . . the Supreme Court held that Massiah v. United States (1964) 377 U.S. 201 . . . which stands for the proposition that a statement surreptitiously elicited by police after indictment and after the defendant is represented by counsel without the presence of counsel or the waiver thereof is inadmissible, does not apply to the investigatory phase of criminal proceedings, that is, to interrogation before charges are filed." (Id., at p. 624.)