fare michael argued february decided june respondent time years old taken custody van nuys police suspicion murder questioned station house fully advised rights miranda arizona outset questioning respondent probation juvenile served term youth corrections camp record prior offenses asked see probation officer police denied request respondent stated talk without consulting attorney proceeded make statements draw sketches implicating murder upon charged juvenile murder moved suppress incriminating statements sketches ground obtained violation miranda request see probation officer constituted invocation fifth amendment right remain silent requested assistance attorney denied motion holding facts showed respondent waived right remain silent notwithstanding request see probation officer california reversed holding respondent request probation officer per se invocation fifth amendment rights way request attorney found miranda regardless interrogation otherwise might reveal holding based view probation officer occupies position trusted guardian figure juvenile life make normal juvenile turn officer apprehended police also based requirement officer represent juvenile interests held california erred finding respondent request probation officer per se invocation fifth amendment rights miranda therefore also erred holding police cease interrogating respondent statements sketches made interrogation suppressed pp rule miranda accused indicates manner wishes remain silent consult attorney interrogation must cease based unique role lawyer plays adversary system criminal justice probation officer position offer type legal assistance necessary protect fifth amendment rights accused undergoing custodial interrogation lawyer offer pp fact relationship trust cooperation might exist probation officer juvenile indicate officer capable rendering effective legal advice sufficient protect juvenile rights police interrogation providing services rendered lawyer similarly fact probation officer statutory duty protect juvenile interests make officer capable rendering legal assistance juvenile protecting legal rights especially officer also statutory duty report wrongdoing juvenile serve ends juvenile system pp juvenile request speak probation officer constitute per se request remain silent tantamount request attorney pp whether incriminating statements sketches admissible basis waiver question resolved totality circumstances surrounding interrogation basis record clear respondent voluntarily knowingly waived fifth amendment rights consented continued interrogation statements sketches obtained voluntary hence admission juvenile proceeding correct pp blackmun delivered opinion burger stewart white rehnquist joined marshall filed dissenting opinion brennan stevens joined post powell filed dissenting opinion post mark alan hart deputy attorney general california argued cause petitioner briefs evelle younger attorney general jack winkler chief assistant attorney general clark moore assistant attorney general james kline shunji asari deputy attorneys general albert menaster argued cause respondent brief wilbur littlefield dennis fischer kenneth clayman fred inbau frank carrington wayne schmidt george nicholson edwin miller peter lehman filed brief americans effective law enforcement et al amici curiae urging reversal justice blackmun delivered opinion miranda arizona established certain procedural safeguards designed protect rights accused fifth fourteenth amendments free compelled custodial interrogation specified among things accused indicates manner wishes remain silent consult attorney interrogation must cease statement obtained interrogation thereafter may admitted trial case state california person acting chief probation officer attacks conclusion california juvenile request made undergoing custodial interrogation see probation officer per se invocation juvenile fifth amendment rights pronounced miranda respondent michael implicated murder robert yeager murder occurred robbery victim home january small truck registered name respondent mother identified near yeager home time killing young man answering respondent description seen witnesses near truck near home shortly yeager murdered basis information van nuys police took respondent custody approximately february respondent years old probation juvenile probation since age approximately one year earlier served term youth corrections camp supervision juvenile record several previous offenses including burglary guns purse snatching stretching back several years upon respondent arrival van nuys station house two police officers began interrogate officers respondent persons room interrogation conversation one officers initiated interview informing respondent brought questioning relation murder officer fully advised respondent miranda rights following exchange occurred set opinion california michael cal emphasis added understand rights explained yeah okay wish give right remain silent talk us murder murder know murder explain one want talk us yeah might talk want give right attorney present talk probation officer well ca get hold probation officer right right attorney know guys wo pull police officer tell attorney huh know guys wo pull police officer tell attorney probation officer christiansen yeah well going call christiansen tonight good chance talk later going call right want talk us without attorney present want want say something want say something right understand right yeah okay talk us without attorney present yeah want talk largely basis respondent incriminating statements probation authorities filed petition juvenile alleging respondent murdered robert yeager violation cal penal code ann west supp respondent therefore adjudged ward juvenile pursuant cal welf inst code ann west supp app respondent thereupon moved suppress statements sketches gave police interrogation alleged statements obtained violation miranda request see probation officer outset questioning constituted invocation fifth amendment right remain silent requested assistance attorney accordingly respondent argued since interrogation cease chance confer probation officer statements sketches admitted juvenile proceedings arguing respondent relied analogy decision people burton cal california held minor request made custodial interrogation see parents constituted invocation minor fifth amendment rights support suppression motion respondent called probation officer charles christiansen witness christiansen testified instructed respondent time concern family ever police contact app get touch probation officer immediately witness stated previous occasion respondent police contact failed communicate christiansen probation officer reprimanded testimony respondent argued indicated asked probation officer fact asserting right remain silent face questioning ruling bench denied motion suppress held question whether respondent waived right remain silent one fact determined basis facts case showed clear waiver respondent right observed transcript interrogation revealed respondent specifically told officers talk waiver come outset interrogation prolonged questioning noted respondent half year old minor system probation camp probation officer young naive minor experience courts ibid accordingly found facts case respondent waived fifth amendment rights notwithstanding request see probation officer appeal california took case transfer california appeal divided vote reversed michael cal held respondent request see probation officer commencement interrogation negated possible willingness part discuss case police thereby invoked fifth amendment privilege based conclusion view juvenile system emphasis relationship probation officer probationer officer trusted guardian figure exercises authority state parens patriae whose duty implement protective rehabilitative powers juvenile consequence found minor request probation officer request see parents interrogation thus rule burton constituted invocation minor fifth amendment rights fact probation officer also served peace officer whenever proceeding juvenile contemplated charged duty file petition alleging minor committed offense alter view fact officer eyes juvenile trusted guardian figure minor normally turn help trouble police cal relying burton ruled unduly restrict miranda limit reach case involving minor request minor attorney since fatuous assume minor custody position call attorney assistance unrealistic attribute significance call help person normally looks parent guardian cal quoting people burton cal dismissed concern expressed state request probation officer distinguished request one football coach music teacher clergyman ground probation officer unlike figures juvenile life charged statute represent interests juvenile cal accordingly held probation officer act protect minor fifth amendment rights precisely way attorney act called accused holding found request probation officer per se invocation fifth amendment rights way request attorney found miranda regardless interrogation otherwise might reveal rejecting inquiry stated however face conduct regardless considerations capacity coercion voluntariness per se invokes privilege thus question turns whether respondent ability capacity willingness give knowledgeable waiver hence whether acted voluntarily whether called probation officer exercised fifth amendment privilege hold less invoked protection asked presence attorney state california petitioned writ certiorari justice rehnquist circuit justice stayed execution mandate california california judgment extending per se aspects miranda presents important question reach case thereafter issued writ ii note outset clear judgment california rests firmly interpretation federal law however heretofore extended per se aspects miranda safeguards beyond scope holding miranda case therefore must examine california decision determine whether conclusion extend miranda harmony miranda underlying principles clear state may impose greater restrictions matter federal constitutional law specifically refrains imposing oregon hass emphasis original see north carolina butler rule established miranda clear order able use statements obtained custodial interrogation accused state must warn accused prior questioning right remain silent right counsel retained appointed present interrogation warnings given subsequent procedure clear ibid individual indicates manner time prior questioning wishes remain silent interrogation must cease point shown intends exercise fifth amendment privilege statement taken person invokes privilege product compulsion subtle otherwise individual wants attorney interrogation must cease attorney present time individual must opportunity confer attorney present subsequent questioning individual obtain attorney indicates wants one speaking police must respect decision remain silent omitted whatever defects relatively rigid requirement interrogation must cease upon accused request attorney miranda holding virtue informing police prosecutors specificity may conducting custodial interrogation informing courts circumstances statements obtained interrogation admissible gain specificity benefits accused state alike thought outweigh burdens decision miranda imposes law enforcement agencies courts requiring suppression trustworthy highly probative evidence even though confession might voluntary traditional fifth amendment analysis see michigan tucker california case however significantly extended rule providing request juvenile probation officer effect request attorney based belief probation officer occupies position trusted guardian figure minor life make normal minor turn officer apprehended police based well requirement officer represent interest juvenile california decision found consultation probation officer fulfilled role juvenile consultation attorney general acting protective device dispel compulsion inherent custodial surroundings cal quoting miranda arizona rule miranda however based perception lawyer occupies critical position legal system unique ability protect fifth amendment rights client undergoing custodial interrogation special ability lawyer help client preserve fifth amendment rights client becomes enmeshed adversary process found right counsel present interrogation indispensable protection fifth amendment privilege system established moreover lawyer presence helps guard overreaching police ensures statements actually obtained accurately transcribed presentation evidence per se aspect miranda thus based unique role lawyer plays adversary system criminal justice country whether minor adult stands accused lawyer one person society whole looks protector legal rights person dealings police courts reason fashioned miranda rigid rule accused request attorney per se invocation fifth amendment rights requiring interrogation cease probation officer posture regard either accused system justice whole often trained law position advise accused legal rights neither trained advocate skilled representation interests client police courts assume power act behalf client virtue status adviser communications accused probation officer shielded privilege moreover probation officer employee state seeks prosecute alleged offender peace officer allied greater lesser extent fellow peace officers owes obligation state notwithstanding obligation may also owe juvenile supervision cases probation officer duty bound report wrongdoing juvenile comes attention even communication juvenile indeed case arose probation officer responsibility filing petition alleging wrongdoing juvenile seeking taken custody juvenile respondent probation officer filed petition acting chief probation state california probation officer petitioner today circumstances said probation officer able offer type independent advice accused expect lawyer retained assigned assist questioning indeed probation officer duty employer many cases conflict sharply interests juvenile attorney might well advise client remain silent face interrogation police exercising good professional judgment protect extent ability rights client miranda arizona probation officer bound advise charge cooperate police justices concurred opinion california case aptly noted conflict minor law arises probation officer neither neutral minor corner cal thus doubtful general rule established juvenile every case looks probation officer trusted guardian figure rather officer system imposes punishment token lawyer able protect client rights learning extent client involvement crime investigation advising client accordingly facilitate law rightly protects communications client attorney discovery doubt however similar protection afforded communications probation officer minor indeed doubt probation officer consistent responsibilities public profession withhold police courts facts made known juvenile implicating juvenile crime investigation thus believe clear probation officer position offer type legal assistance necessary protect fifth amendment rights accused undergoing custodial interrogation lawyer offer miranda recognized attorney plays vital role administration criminal justice constitution pivotal role legal counsel justifies per se rule established miranda distinguishes request counsel request probation officer clergyman close friend probation officer simply necessary way attorney protection legal rights accused juvenile adult significantly handicapped position occupies juvenile system serving effective protector rights juvenile suspected crime california however found close relationship juveniles probation officers compelled conclusion probation officer purposes miranda sufficiently like lawyer justify extension per se rule cal fact relationship trust cooperation probation officer juvenile might exist however indicate probation officer capable rendering effective legal advice sufficient protect juvenile rights interrogation police providing services rendered lawyer find otherwise extension miranda requirements cut holding case completely loose explicitly stated rationale beckwith extension impose burdens associated rule miranda juvenile justice system police without serving interests rule designed simultaneously protect otherwise juvenile request almost anyone considered trustworthy enough give reliable advice trigger rigid rule miranda similarly fact state created statutory duty part probation officer protect interests juvenile render probation officer capable rendering legal assistance juvenile protecting legal rights especially light fact state also legislated duty part officer report wrongdoing juvenile serve ends juvenile system state transmute relationship probation officer juvenile offender type relationship attorney client essential holding miranda simply legislating amorphous duty advise care juvenile defendant cal though statutory duty might serve distinguish degree probation officer coach clergyman justify extension miranda requests see probation officers state expand class persons covered miranda per se rule simply creating duty care juvenile part persons regardless whether logic miranda justify extension believe request juvenile speak probation officer constitutes per se request remain silent indicated since probation officer fulfill important role protecting rights accused juvenile attorney plays decline find request probation officer tantamount request attorney nothing inherent request probation officer requires us find juvenile request see one necessarily constitutes expression juvenile right remain silent discussed courts may take account request evaluating whether juvenile fact waived fifth amendment rights confessing circumstances request might well consistent desire speak police absence evidence minor intended circumstances invoke fifth amendment rights request decline attach overwhelming significance request hold therefore error find request respondent speak probation officer per se constituted invocation respondent fifth amendment right free compelled therefore also error hold police cease interrogating respondent statements made interrogation suppressed iii miranda recognized required warnings given accused interrogation continues without presence attorney statement taken heavy burden rests government demonstrate defendant knowingly intelligently waived privilege right retained appointed counsel noted north carolina butler question whether accused waived rights one form rather whether defendant fact knowingly voluntarily waived rights delineated miranda case thus determination whether statements obtained custodial interrogation admissible accused made upon inquiry totality circumstances surrounding interrogation ascertain whether accused fact knowingly voluntarily decided forgo rights remain silent assistance counsel miranda arizona approach adequate determine whether waiver even interrogation juveniles involved discern persuasive reasons approach required question whether juvenile waived rights opposed whether adult done totality approach permits indeed mandates inquiry circumstances surrounding interrogation includes evaluation juvenile age experience education background intelligence whether capacity understand warnings given nature fifth amendment rights consequences waiving rights see north carolina butler supra courts repeatedly must deal issues waiver regard broad variety constitutional rights reason assume courts especially juvenile courts special expertise area unable apply analysis take account special concerns present young persons often limited experience education immature judgment involved age experience juvenile indicate request probation officer parents fact invocation right remain silent totality approach allow necessary flexibility take account making waiver determination time approach refrains imposing rigid restraints police courts dealing experienced older juvenile extensive prior record knowingly intelligently waives fifth amendment rights voluntarily consents interrogation case conclude california determined issue waiver basis circumstances surrounding interrogation respondent juvenile found approach respondent fact waived fifth amendment rights consented interrogation police request see probation officer denied given view case course california consider issue though hold state failed prove notwithstanding respondent request see probation officer respondent intended invoke fifth amendment rights feel conclusion juvenile correct transcript interrogation reveals police officers conducting interrogation took care ensure respondent understood rights fully explained respondent questioned connection murder informed rights delineated miranda ascertained respondent understood rights indication record respondent failed understand officers told moreover request see probation officer denied police officer explained rights respondent clearly expressed willingness waive rights continue interrogation special factors indicate respondent unable understand nature actions juvenile considerable experience police record several arrests served time youth camp probation several years supervision probation authorities indication insufficient intelligence understand rights waiving consequences waiver worn improper interrogation tactics lengthy questioning trickery deceit facts think clear respondent voluntarily knowingly waived fifth amendment rights respondent argues however statements made interrogation coerced specifically respondent alleges police made threats promises interrogation pressure cooperating hope obtaining leniency cooperative attitude notes also repeatedly told officers interrogation wished stop answering questions officers ignored pleas argues record reveals afraid police coerce fear caused cooperate points one point transcript revealed wept interrogation review entire transcript reveals respondent claims coercion without merit noted police took care inform respondent rights ensure understood officers intimidate threaten respondent way questioning restrained free abuses concerned miranda see police indeed indicate cooperative attitude respondent benefit remarks regard far threatening coercive respondent allegation repeatedly asked interrogation cease goes far points state know answer question put answer question statements assertions right remain silent iv hold short california erred finding juvenile request probation officer per se invocation juvenile fifth amendment rights miranda conclude rather whether statements obtained subsequent interrogation juvenile asked see probation officer asked consult attorney expressly asserted right remain silent admissible basis waiver remain question resolved totality circumstances surrounding interrogation basis record case hold juvenile findings respondent voluntarily knowingly waived rights consented continued interrogation statements obtained voluntary proper admission statements proceeding respondent juvenile correct judgment california reversed case remanded proceedings inconsistent opinion ordered footnotes california appeal opinion reported vacated affirmed michael cal rptr noted since juvenile findings fact resolved respondent contention confession coerced threats promises conclude knowing intelligent waiver minor miranda rights unless said request speak probation officer sufficient invoke respondent fifth amendment privilege omitted refused extend rule people burton cal include request probation officer finding difficult distinguish request request see one football coach music teacher clergyman cal even burton rule applicable held sufficient evidence affirmative waiver rights respondent distinguish burton california noted nothing way affirmative proof defendant intend assert privilege cal two justices concurred opinion judgment cal expressed concern probation officer public responsibilities make difficult offer legal advice minor implicated crime minor advised cooperate police perhaps even confess justifiably complain later subjected variation technique criticized miranda initial interrogating overbearing officers comforting presumably friendly gentle peace officer guise probation officer two justices dissented affirmed respondent conviction basis finding juvenile light circumstances surrounding interrogation respondent sufficient affirmative proof respondent waived privilege dissenters pointed opinion confusing holding one hand request probation officer per se invocation minor fifth amendment rights reversal required state carried burden proving respondent requesting probation officer intend thereby assert fifth amendment privilege may well ambiguity regard see basis ambiguity respondent argues california establish per se rule held facts respondent request see probation officer constituted invocation fifth amendment rights decision people randall cal upon california relied burton present case however indicates indeed establish per se rule case randall stated even though suspect might invoked fifth amendment rights asking counsel stating wished remain silent might possible subsequent voluntary statements accused prompted custodial interrogation admissible state show product voluntary decision accused waive rights asserted people randall cal randall thus indicates per se language employed california case compatible finding state negated per se effect request probation officer showing notwithstanding per se invocation rights respondent later voluntarily decided waive rights volunteer statements light randall light strong per se language used california opinion case see cal think ambiguity opinion must resolved favor conclusion fact establish per se rule indeed yet held miranda applies full force exclude evidence obtained violation proscriptions consideration juvenile proceedings certain purposes distinguished formal criminal prosecutions see mckeiver pennsylvania plurality opinion decide issue today view disposition case assume without deciding miranda principles fully applicable present proceedings case arose california statute provided proceeding juvenile declare minor ward commenced filing petition probation officer cal welf inst code ann west provision since amended provide petitions filed prosecuting attorney cal ch respondent argues whatever status probation officer peace officer time case arose amendment indicates future probation officer viewed legal adversary accused juvenile consequently respondent believes holding regard respondent request probation officer mere dictum regard juvenile similar request today brief respondent disagree fact california probation officer responsible initiating complaint one factor analysis fact remains probation officer fulfill role system criminal justice attorney regardless whether acts merely counselor significant law enforcement duties california many duties probation officer incompatible view may act counselor juvenile accused crime california statute imposes upon probation officer duty represent interests juvenile also provides shall duty probation officer prepare every hearing criminal charges juvenile social study minor containing matters may relevant proper disposition case cal welf inst code ann west supp similarly probation officer required upon order juvenile youth authority investigate circumstances surrounding charge minor file written reports recommendations probation officer california continues powers authority peace officer connection violation criminal statute discovered probation officer course probation activities cal penal code ann west duties peace officer like investigative reporting duties probation officers incompatible role legal adviser juvenile accused crime justice marshall justice brennan justice stevens join dissenting miranda arizona sought ensure inherently coercive pressures custodial interrogation vitiate suspect privilege nothing pressures operate quickly overbear one merely made aware privilege held suspect custody indicates manner time prior questioning wishes remain silent interrogation must cease point shown intends exercise fifth amendment privilege statement taken person invokes privilege product compulsion subtle otherwise individual wants attorney interrogation must cease attorney present omitted consistently recognized coerciveness custodial setting heightened concern juvenile investigation haley ohio plurality reasoned minor particularly susceptible overbearing interrogation tactics voluntariness confession judged exacting standards maturity reiterated point gallegos colorado observing suspect compared adult full possession senses knowledgeable consequences admissions juvenile defendant view required aid mature judgment steps take predicament found lawyer adult relative friend given petitioner protection immaturity ibid therefore critical present context construe miranda prophylactic requirements broadly accomplish intended purpose dispel ling compulsion inherent custodial surroundings effectuate purpose must ensure protective device legal counsel readily available intimation desire preclude questioning scrupulously honored thus believe miranda requires interrogation cease whenever juvenile requests adult obligated represent interests request judgment constitutes attempt obtain advice general invocation right silence california recognized fatuous assume minor custody position call attorney assistance cal quoting people burton cal trust police obtain lawyer juvenile circumstances likely turn parents another adult responsible welfare means securing legal counsel moreover request adult assistance surely inconsistent present desire speak freely requiring strict verbal formula invoke protections miranda protect knowledgeable accused stationhouse coercion abandoning young person knows ask person trusts chaney wainwright goldberg dissenting reading miranda california juvenile request probation officer treated per se assertion fifth amendment rights california determined probation officers statutory duty represent minors interests indeed trusted guardian figure juvenile likely turn assistance cal addition found probation officers particularly well suited assist juvenile matters whether obtain attorney conduct police hence juvenile request probation officer may frequently attempt secure protection coercive aspects custodial questioning concludes however probation officer law enforcement duties juveniles generally call upon represent interests well served ante conclusion ignores california express determination officer responsibility initiate juvenile proceedings negate function personal adviser wards decline assessment state law see murdock memphis wall general trading state tax scripto carson although majority speculates probation officers duty advise cooperation police ante proposition suggested concurring opinion two justices cal mosk joined bird concurring respondent probation officer instructed charges go admit openly offense rather get type advice parents lawyer app absent explicit statutory provision judicial holding officer assessment obligations imposed state law entitled deference thus given role probation officers california law juvenile request see officer may reflect desire precisely kind assistance miranda guarantees accused waives fifth amendment rights least request signals desire remain silent contact officer made contrary determination withdraws safeguards miranda need protection respectfully dissent facts instant case illustrative police offered obtain attorney respondent replied know guys wo pull police officer tell attorney ante significantly police made attempt allay concern see cal intimates construing request probation officer invocation fifth amendment privilege undermine specificity miranda prophylactic rules ante yet concedes statutory duty advise care juvenile defendant cal distinguishes probation officers adults coaches clergymen ante since law enforcement officials notice legal relationships presumably difficulty determining whether suspect asserted fifth amendment rights although agree brother powell facts respondent subjected fair interrogation free inherently coercive circumstances post believe approach provides police sufficient guidance affords juveniles adequate protection filing petition performing functions enumerated ante probation officer must act best interests minor see steven cal app cal rptr one thing certain california familiar duties performance probation officers course peculiarly within competence highest state determine jurisdiction police subject stringent rules required federal constitutional minimum oregon hass marshall dissenting see also people disbrow cal refusing follow harris new york brennan state constitutions protection individual rights harv rev justice powell dissenting although agree california misconstrued miranda arizona reverse california judgment repeatedly recognized greatest care must taken assure alleged confession juvenile voluntary see gault gallegos colorado haley ohio plurality opinion respondent young person years old time arrest subsequent prolonged interrogation station house although respondent prior brushes law supervision probation officer taped transcript interrogation well testimony suppression hearing demonstrates immature emotional uneducated therefore likely vulnerable skillful repetitive style interrogation subjected app given miranda warnings asked whether desired attorney respondent requested permission probation officer request refused officer testified later communicated frequently respondent respondent serious extensive family problems officer instructed respondent call immediately time police contact even stop talk street reasons given probation officer instructed charge substantially reasons prompt examine special care circumstances minor alleged confession obtained stating respondent going problems officer observed many times kids understand going supposed relative police view limited understanding average borne respondent question interrogation advised right attorney know guys wo pull police officer tell attorney part interrogation police denied respondent request probation officer ibid police proceeded despite respondent repeated denial connection murder investigation see persistently press interrogation extracted confession gault addressing police interrogation detained juveniles stated counsel present permissible reason admission obtained child greatest care must taken assure admission voluntary sense coerced suggested also product ignorance rights adolescent fantasy fright despair although view case close satisfied particular boy particular situation subjected fair interrogation free inherently coercive circumstances reasons affirm judgment california california purporting apply miranda arizona stated face conduct regardless considerations capacity coercion voluntariness per se invokes privilege cal agree opinion today miranda read support per se rule juvenile judge observed heard tapes interrogation aware fact michael respondent crying time talked police officers app california stated probation officer official appointed pursuant legislative enactment represent interests juvenile borne duty advise care juvenile defendant cal minors become embroiled law range young brink majority older minors become fully hardened criminals deserving greater consideration properly accorded persons suspected crime minors child adult indicated gault facts relevant care exercised particular case vary widely include minor age actual maturity family environment education emotional mental stability course prior record might