In re T.H. CA1/3

CourtCalifornia Court of Appeal
DecidedJuly 20, 2023
DocketA165707
StatusUnpublished

This text of In re T.H. CA1/3 (In re T.H. CA1/3) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re T.H. CA1/3, (Cal. Ct. App. 2023).

Opinion

Filed 7/20/23 In re T.H. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re T.H., a Persons Coming Under the Juvenile Court Law.

THE PEOPLE OF THE STATE OF CALIFORNIA, A165707 Plaintiff and Respondent, v. (Solano County Super. Ct. T.H., No. J290728)

Defendant and Appellant.

T.H. appeals the order of the juvenile court sustaining allegations of a Welfare and Institutions Code section 602 petition that he received stolen property (a car) in violation of Penal Code section 496d, subdivision (a).1 He argues the court erred when it denied the motion to suppress his statements made to police officers because they were involuntary and obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). T.H. also

1 All further statutory references are to the Penal Code unless otherwise indicated.

1 contends there was insufficient evidence to support the court’s finding that he knew the car was stolen. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On December 24, 2021, Christina D. left her 2016 Chevy Impala parked in the driveway of her Sacramento home. When she returned the following evening, the car was gone. She had not given anyone permission to drive the car and reported it stolen. On December 26, 2021, Bryan Hamilton, a Fairfield police officer, responded to an alert from a license plate reader system that located Christina’s car in front of T.H.’s family home. When Officer Hamilton arrived, about four patrol cars were already there, all part of a plan to block in the vehicle. Officer Hamilton waited down the road where spike strips were set in case someone tried to flee with the car. After about an hour, fellow officers issued an alert that T.H. had entered the car, and they were initiating contact with him. Officer Hamilton proceeded to the location of the car and, upon arrival, saw T.H. being removed from a white Chevy Impala. The car was in generally good condition, with no broken windows or body damage. Its license plate matched that of Christina’s car. T.H. was arrested and, after some back-and-forth with officers about the reasons for his arrest, was given a Miranda warning. Officer Hamilton wore a body camera which recorded the arrest. T.H. was 17 years old at the time. Following the Miranda warning, T.H. told Officer Hamilton that he bought the Impala in Oakland the previous day for $600 and a pair of shoes. T.H. had no documentation reflecting the purchase but said he was supposed to return to get paperwork. Further, according to Officer Hamilton, after

2 officers told him the car was stolen, T.H. “did say that he knew it was stolen, and right after that he said that he didn’t know it was stolen.” The Solano County District Attorney filed a juvenile wardship petition under Welfare & Institutions Code section 602 alleging T.H. received stolen property, a motor vehicle, a felony in violation of section 496d, subdivision (a). At the contested jurisdictional hearing, T.H. unsuccessfully moved to suppress all his statements after the Miranda warning. At the end of the hearing, the court found the People met its burden in establishing T.H. committed the felony violation and sustained the juvenile wardship petition. At the dispositional hearing, the court denied T.H.’s motion to reduce the felony charge to a misdemeanor. The court adjudged T.H. a ward of the court and placed him on in-home probation, including 90 days in juvenile hall. It also imposed various terms and conditions. T.H. now appeals the court’s orders. DISCUSSION I. Motion to Suppress T.H. contends the juvenile court violated his constitutional rights by denying his motion to suppress statements made while in custody post- Miranda. Specifically, he argues that he did not knowingly, intelligently, and voluntarily waive his Miranda rights because: (1) the police obtained his waiver through psychologically coercive interrogation tactics; and (2) he did not understand his rights and the consequences of waiving them. We are not persuaded. A. Additional Facts At the outset of the jurisdictional hearing, T.H. moved to suppress the statements he made to officers after he received the Miranda warning.

3 The juvenile court reviewed and admitted into evidence Officer Hamilton’s body camera footage depicting T.H.’s arrest and custodial interrogation. The video showed the following: It was late afternoon on a rainy, overcast day when Officer Hamilton arrived at the scene, a residential street in front of T.H.’s family home. Officer Hamilton joined about three other officers on the scene. Their patrol cars, at least one with patrol lights flashing, surrounded the Impala which was parked on the curb with the driver’s side door open. An officer walked T.H. backwards from the front of the Impala to the rear of one of the patrol cars while handcuffed behind his back. As he was being moved, T.H. explained, “I just got this car.” Meanwhile, the front door of T.H.’s house was open, and it appears his father was observing from the doorway. While standing handcuffed behind the patrol car, T.H. asked, “Can I ask please . . .” when the officer responded: “The car’s stolen.” T.H. returned: “The car’s stolen? The car is stolen? I just got this car. I just got this car from Oakland. I can show y’all proof and everything.” The officer replied, “You bought it?” T.H. answered, “I just bought this.” At that point, T.H.’s father appears to have said something from the house, prompting T.H. to turn towards his house and say: “Huh? He said the car is stolen,” adding, “Bro . . . Call . . . Bro . . . This n*** said . . . Bro. . . Why would I bring a stolen . . .” Another officer approached T.H. and they had the following exchange: Officer (“O.”): Where’d you buy it from? T.H.: Oakland. O.: Was it like a dealership? Was it like offer-up? Craigslist? T.H.: No, off of somebody. I just bought it off somebody. O.: How did you communicate with them?

4 T.H.: Some dude in Oakland, I knew him through somebody. I don’t know him personally. O.: How did you communicate with them? T.H.: Through my friend. I wouldn’t bring a stolen . . . At that point, Officer Hamilton stated, “[T.], we’re going to sit you in the car, read you your rights, and talk to you a little bit more about it ok?” T.H. responded, “Yeah.” Officer Hamilton continued, “Because obviously we’ve got a lot of questions for you alright?” As he made his way to the backseat of the patrol car, T.H. said, “Bro I knew this car was stolen bro . . . but this n*** . . . bro.” Another officer replied, “You’re saying you knew this was stolen?” and T.H. stated, “No because it sounded [too] good to be true,” and entered the back seat of the patrol vehicle. As he slid further into the car, T.H. stated: “I paid six hundred.” Standing outside the open rear door of the patrol car, Officer Hamilton said to T.H.: “[T.], like I said, we got a bunch of questions so I’m gonna read you your rights . . . [¶] . . . so I can ask you those questions so you can kinda tell me what you know because it sounds like a big mix up.” T.H. responded, “Yeah” at least a couple of times. Officer Hamilton then gave T.H. the following Miranda advisements: “So you do have the right to remain silent. You have the right to an attorney and have that attorney present both before and during your questioning. Anything you say may be used against you in court.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
People v. Nelson
266 P.3d 1008 (California Supreme Court, 2012)
People v. V.V.
252 P.3d 979 (California Supreme Court, 2011)
People v. Vann
524 P.2d 824 (California Supreme Court, 1974)
People v. Malouf
287 P.2d 834 (California Court of Appeal, 1955)
People v. Charles P.
134 Cal. App. 3d 768 (California Court of Appeal, 1982)
People v. Williams
253 Cal. App. 2d 952 (California Court of Appeal, 1967)
People v. Holloway
91 P.3d 164 (California Supreme Court, 2004)
People v. Lessie
223 P.3d 3 (California Supreme Court, 2010)
People v. Zamudio
181 P.3d 105 (California Supreme Court, 2008)
People v. McCurdy
331 P.3d 265 (California Supreme Court, 2014)
People v. Jones
7 Cal. App. 5th 787 (California Court of Appeal, 2017)
People v. Lewis
28 P.3d 34 (California Supreme Court, 2001)
People v. M.S. (In re M.S.)
244 Cal. Rptr. 3d 580 (California Court of Appeals, 5th District, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
In re T.H. CA1/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-th-ca13-calctapp-2023.