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Landmark Cases

 

FARE v. MICHAEL C

442 U.S. 707, 99 S.Ct. 2560 (1979)

Michael was 16 years old when arrested in CA on suspicion of murder. Before being questioned asked to see his probation officer. But when the police denied this request, respondent stated he would

talk without consulting an attorney, and he then implicated himself in the murder. Upon being charged in Juvenile Court with the murder, he moved to

suppress the incriminating statements on the ground that they had been obtained in violation of Miranda in that his request to see his probation

officer constituted an invocation of his Fifth Amendment right to remain silent, just as if he had requested the assistance of an attorney. The court

denied the motion, holding that the facts showed that respondent had waived his right to remain silent. The California Supreme Court reversed,saying that a probation officer is a trusted guardian figure in a juvenile's life

Held:

Probation Officer is not a lawyer - you have to ask for a lawyer to invoke Miranda