People v. Salinas

In People v. Salinas (1982) 131 Cal. App. 3d 925, a police officer responded to an anonymous call reporting a suspected instance of child abuse. When the officer arrived at the residence, he found an unconscious child and immediately called for an ambulance. At the hospital, a doctor questioned the child's mother to obtain a medical history of the child for purposes of diagnosis and treatment. During her trial on charges of felony child abuse, the mother attempted to exclude her statements to the doctor because they were statements made to a police agent absent Miranda warnings. Salinas found the doctor was not a police agent and, therefore, Miranda did not apply because the purpose of the reporting statute was to bring cases of suspected child abuse to the attention of police authorities as early as possible to avoid the potential danger to the child when he or she remains with the abusing parent. Salinas noted that in an emergency situation, the interest in securing the child's well-being outweighed the alleged abuser's right against self-incrimination. Salinas further held the overriding purpose of obtaining a medical history is to treat the patient, not to enforce the law. ( Id. at pp. 941-943.)