People v. Hays

California Court of Appeal Apr 13, 1967 No. Crim. 2633Published

Before: Brown (Gerald)

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Holding. The court held that a recorded conversation between a defendant and a visitor, arranged by police but not involving police interrogation or coercion, does not require a constitutional warning and is admissible as evidence.

Issues

Whether the defendant was entitled to a warning of his right to appointed counsel during a trial that began before June 13, 1966.
Whether a recorded conversation between a defendant and a visitor, arranged by police, constitutes a process of interrogation requiring constitutional warnings.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Deception alone does not render statements inadmissible unless of a type reasonably likely to procure an untrue statement”

“The record does not show the police did anything before this conversation which directly or subtly influenced Hays’ statements to Mrs. Davis.”

[97]

BROWN (Gerald), P. J.

Leon Ray Hays appeals from a judgment of conviction entered upon a jury verdict of second degree burglary (Pen. Code, §§ 459, 460). Hays admitted two earlier felony convictions.

At 4:50 a.m., January 10, 1966, Hays was arrested, warned of his constitutional rights required by

People

Dorado,

62 Cal.2d 338 [42 Cal.Rptr. 169, 398 P.2d 361], and searched. He had $173 on him.

On January 11, 1966, Police Officer Donald Newby advised Hays of his

Dorado

constitutional rights, obtained his signature on a waiver form, and interrogated him about a burglary which had occurred at his employer’s flower shop the night of his arrest. Hays replied he must have done it; he gave Newby consent to search his ear. Newby left and searched the car, finding a roll of five cent stamps and a screwdriver. Upon his return Newby asked Hays about the stamps. Hays replied: “Well, yes, I guess I must have taken them when I took the money.” Newby then asked if he would like to talk with Helen Davis, his co-employee and girl friend. Hays said yes. Newby contacted Mrs. Davis.

On January 12, 1966, Mrs. Davis and Hays met in the city jail lineup room. Before Mrs. Davis could speak, Hays blurted out: “Well, I did it.” Their conversation was recorded by electronic device. Hays was not warned of any constitutional rights on that date. Over objection, the recording was admitted into evidence. •

Hays contends in all instances he should have been warned of his right to appointed counsel. Trial occurred in March 1966. This warning applies only in cases in which trial began after June 13, 1966

(People

Rollins,

65 Cal.2d 681 [56 Cal.Rptr. 293, 423 P.2d 221];

Miranda

People v. Hays

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