Dec. 2, 2022 – People v. Avalos (4th Dist., Div. 3, G059107)

The Court of Appeal holds that an 18-year-old suspect did not knowingly and voluntarily waive his Miranda rights when he made incriminating statements to police the day after he invoked his right to counsel. The youth was kept overnight in a cold holding cell with inadequate clothing, had little previous experience with the criminal justice system, evinced confusion about the role of an attorney, and was encouraged by police to speak without an attorney present.