In Re Rafael

132 Cal.App.3d 977 (1982) 183 Cal. Rptr. 584 In re RAFAEL V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Appellant,

v.

RAFAEL V., Defendant and Respondent.

Docket No. 40621. Court of Appeals of California, Second District, Division One.

June 21, 1982. [979] COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Dirk L. Hudson, Deputy District Attorneys, for Plaintiff and Appellant.

[980] Wilbur F. Littlefield, Public Defender, Paul A. James, Mark Lessem, James Abeltin and David P. Carleton, Deputy Public Defenders, for Defendant and Respondent.

OPINION

LILLIE, J.

The People appeal from a judgment dismissing a juvenile petition based on a pretrial order suppressing any in-court identification of the minor by the witness Callary, her in-the-field identification of the minor following his arrest, statements of the minor and physical evidence obtained after his detention and arrest for burglary. Only the issue of identification is material here.

The following evidence was received at the suppression hearing. Officer Crawford, assigned to patrol on April 8, received a radio call at 12:35 p.m. directing him to go to a residence where a burglary was in progress at 11713 Truro Avenue; a person who had fled westbound through the backyard of the residence was described as a male Mexican with short dark hair wearing a white T-shirt; another unit having arrived at the address, Officer Crawford proceeded to check in the area of 116th Street for a possible suspect, arriving three to five minutes after receiving the first radio call; the area was a block and one-half from the address, and he observed walking eastbound through a vacant lot, the minor who matched the description of the suspect given over the radio; no one else was in the area. Officer Crawford got out of the car and called to the minor; the minor apparently had not observed the police car and reached a point approximately 20 yards from him, and when Officer Crawford called, the minor looked in the officer's direction and immediately turned and ran in the opposite direction westbound toward Inglewood Avenue. Officer Crawford put out a broadcast as to what had occurred and immediately drove around on Inglewood Avenue to the last place he had seen the minor; there he was met by other units. Officer McCarrol and his dog, and Officer Crawford located the minor at the rear of a residence on Inglewood Avenue where the minor was in the process of climbing over a block wall.