People v. Maestas

In People v. Maestas (1987) 194 Cal. App. 3d 1499, the Court of Appeal discussed the People v. Burton rule, without specific discussion of the per se rule. There a minor, who was convicted in a court trial of murder, contended his requests to speak with his mother, and her requests to speak with him, violated his privilege against self-incrimination. The minor relied upon the People v. Burton decision to support his contention. Specifically, the minor's appeal contended that the law required law enforcement advise a minor of his right to speak with a parent when either the minor or the parent request they be allowed to communicate with the other. The court concluded the minor misapprehended not only the law, but the facts of his particular case as well. (Id. at p. 1508.)