In re D.S. CA2/6

Filed 11/15/24 In re D.S. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re D.S., a Person Coming 2d Juv. No. B332259 Under the Juvenile Court (Super. Ct. No. FJ58010) Law. (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

D.S.,

Defendant and Appellant.

D.S. appeals the juvenile court’s order sustaining a wardship petition alleging possession of a handgun by a minor. (Welf. & Inst. Code,1 § 602; Pen. Code, § 29610, subd. (a).) He

1 All further statutory references are to the Welfare and Institutions Code, unless otherwise stated.

contends the juvenile court erroneously denied his suppression motion pursuant to section 700.1. We affirm. FACTUAL AND PROCEDURAL HISTORY During the evening on November 30, 2022, Officer Farias and two others from the Los Angeles Police Department were on patrol in a gang “stronghold.” Farias had been previously involved in “multiple firearm[] arrests” in the area. He observed a vehicle partially blocking a street, making it difficult for cars to get by. The vehicle also lacked a front license plate, a violation of the Vehicle Code. Farias saw “a lot of smoke coming from inside the vehicle.” There were two people inside the vehicle, a driver and a passenger. “Upon seeing [them]” Farias saw the passenger “kind of awkwardly tuck down, like slide down the seat.” The passenger slid down “just enough for [Farias] to barely be able to see his head.” Farias then stepped out of his patrol car because “it caught [his] attention” and he believed the passenger possibly had “contraband or something.” He believed the passenger was attempting to hide, stating, “Upon seeing the police, . . . people don’t usually slide down trying to conceal themselves.” He said it was “rare” for someone to “try to actually conceal themselves from us.” At the motion to suppress hearing Farias identified the passenger as D.S. Farias immediately smelled “freshly smoked marijuana” when he exited the patrol car. He and another officer approached the passenger side of the vehicle, and Farias illuminated the inside of the vehicle. Farias said D.S.’s hands “appeared to be shaking, like he was nervous.” He asked D.S. to step out of the vehicle. As soon as D.S. stepped out Farias immediately saw a firearm on the floorboard on the passenger side where D.S.’s feet