SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

A Miranda-style admonishment obviously covers these
requirements. (See Miranda v. Arizona (1966) 384 U.S. 436 [16
L.Ed.2 nd 694].)
This admonishment, under the terms of the statute (W&I 625(c)),
is to be made whether or not the minor is to be subjected to a
custodial interrogation. However, there is no sanction for a failure
to comply with the requirements of this statute, unless, of course,
the minor is in fact interrogated in which case the standard
Miranda rules apply.
Note: The statute does not require that this admonishment
be made “immediately” upon arrest.
A minor who is taken “into temporary custody,” as authorized by
W&I § 625, has been arrested. (In re Charles C. (1999) 76
Cal.App.4 th 420, 425; see also In re Thierry S. (1977) 19 Cal.3 rd
727, 734, fn. 6.)
See also 18 U.S.C. § 5033, for a similar federal requirement.
Section 5033 requires that federal law enforcement agents
also notify the parents of a juvenile’s rights, and that it be
done “immediately” after the child is taken into custody.
A one-hour delay in notifying the parents of the juvenile’s
Miranda rights was not unreasonable given the fact that it
was done as soon as it was discovered that the arrested
subject was a juvenile. (United States v. Wendy G. (9 th Cir.
2001) 255 F.3 rd 761.)
Also, when a minor taken before a probation officer pursuant to
W&I § 626 (Alternative Dispositions for Minors in Temporary
Custody When Juvenile Court Proceedings are not Required), and it
is alleged that the minor is a person described in W&I §§ 601 (Status
Offender) or 602 (Delinquent), the probation officer “shall”
immediately advise the minor and his parent or guardian of rights
equivalent to those provided in the Miranda decision. (W&I §
627.5)
Follow-Up Requirements After Arrest:
Other Rights of the Arrestee:
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