Fare v. Fred C.

Opinion

COUGHLIN, J.

*

The minor, Fred C., appeals from an order declaring him a ward of the juvenile court premised on a finding on January 19, 1971, he was unlawfully in possession of a restricted dangerous drug, in possession of marijuana, and in possession of dangerous drugs for the purpose of sale.

On the date of the alleged offenses the minor was 17 years of age; was a student at Crawford High School in San Diego; was required to spend a morning period in the “outer office” of the vice principal, Mr. Barritt, because he had been expelled from the class in which he had been enrolled for that period; went into the “inner office” of the vice principal at "the request of the latter, who intended to interrogate and search him as part of

[323]

an investigation prompted by information the vice principal had received defendant had been selling dangerous drugs on campus that morning. Barritt, the vice principal, had received the information of defendant’s involvement in drug sales from another vice principal, Mr. Urban, who had received the information from a third person. There is no evidence the third person was a reliable informant. Fred previously had been declared a ward of the juvenile court because of unlawful possession of dangerous drugs, but the evidence does not show either vice principal had this information at the time of their interview with him.

Both vice principals participated in the interview; noted the pockets of Fred’s levis were bulging and a pouch was tied to his belt; and asked him what he had in his pockets and in the pouch. Fred removed the pouch and exhibited its contents, which was $20, but refused to reveal the contents of his pockets and resisted an attempt by the vice principals to search him. Thereupon, vice principal Barritt caused a police officer to be called to assist in making a search. A juvenile officer named Pilling responded to the call; was told by the vice principals what had taken place; was introduced to Fred by them; noted large bulges in the pockets of Fred’s levis; and was asked to assist the vice principals in effecting a search. In response to their request, Pilling advised Fred he, the officer, intended to search him; asked Fred “to remove the bulge, a large bulge, from his front left pocket,” in response to which Fred said, “Go ahead, search me. What you want is in the left front pocket”; and thereupon removed from Fred’s pockets dangerous drugs and marijuana, packaged in the manner these articles generally are sold.