# Fare v. Wayne H.

> California Supreme Court · June 21, 1979 · 24 Cal. 3d 595

URL: https://www.frixlaw.com/law-library/cases/9601807

## Case

- **Full name:** In Re WAYNE H., a Person Coming Under the Juvenile Court Law. KENNETH F. FARE, as Acting Chief Probation Officer, Etc., Plaintiff and Respondent, v. WAYNE H., Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** June 21, 1979
- **Citations:** 24 Cal. 3d 595; 156 Cal. Rptr. 344; 596 P.2d 1; 1979 Cal. LEXIS 271
- **Precedential status:** Published
- **Opinion:** Dissent by Clark
- **Judges:** Richardson, Bird, Clark
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9601807

## Opinion text

CLARK, J.,
Dissenting. — The majority have, in effect, made a policy decision. They have decided that the interest in encouraging the juvenile to be candid and confiding in the section 628 1 interview outweighs the interest in protecting the juvenile and society by resolving guilt on the basis of admissions and confessions obtained in such an interview. This is an arguable position. But the Legislature appears to have taken the opposite position when it enacted section 627.5 requiring the probation officer to advise the minor at the section 628 interview that anything he says may be used against him. Therefore, the judgment should be affirmed.
All statutory references are to sections of the Welfare and Institutions Code.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9601807. Public record. Not legal advice.