People v. Pettingill

In People v. Pettingill (1978) 21 Cal.3d 231, the defendant pleaded guilty to two counts of burglary after the trial court denied his motion to suppress evidence of his confession, together with certain physical evidence found in a search to which he had consented in the course of the confession. The record indicated that the arresting police officer had read defendant his constitutional rights at the scene of the arrest, had asked defendant if he wanted to talk to him to which defendant responded in the negative so he was asked no more questions at that time. Two hours later at the police station, the same police officer again advised defendant of his constitutional rights, asked him if he wished to talk to him about the burglary for which he had been arrested, and again defendant declined after which the officer had no further discussion with him. More than 60 hours later a police detective from another county and city questioned defendant about four unrelated burglaries in the other county. The questioning took place at a location different from the location of the prior questioning, and the police detective gave defendant his full and complete warnings as to his constitutional rights before he was questioned. It was during this interrogation that defendant waived his privilege against self-incrimination and confessed to the four burglaries. The detective did not resume interrogation about the burglary for which defendant had been arrested. The state Supreme Court reversed, holding that defendant's confession was inadmissible under the privilege against self-incrimination.