People v. Demetrius A.

Opinion

STEIN, J.

Following the denial of his motion to suppress evidence, Demetrius A., a juvenile, admitted that he had possessed a controlled substance, cocaine, in violation of Health and Safety Code section 11350. He was

[1247]

thereafter adjudged a ward of the court for a maximum period of three years.

Defendant appeals from the judgment declaring him a ward of the court. The following issues are raised:

1. Was the seizure of the cocaine unlawful under the general principles of

People

v.

Longwill

(1975) 14 Cal.3d 943 [123 Cal.Rptr. 297, 538 P.2d 753]?

2. If so, is

Longwill

still applicable in light of Proposition 8? (See

People

v.

Sanchez

(1985) 174 Cal.App.3d 343 [220 Cal.Rptr. 53];

People

v.

Boren

(1987) 188 Cal.App.3d 1171 [233 Cal.Rptr. 859].)

We conclude that the seizure in question was not unlawful and the motion to suppress was properly denied.

At approximately 1 a.m., a police officer, who had earlier told defendant to go home because it was past curfew, noticed him again, standing outside an apartment complex. The officer became suspicious that a burglary might be in progress or had just been completed, or that defendant might be engaged in some form of malicious mischief. He briefly questioned defendant and then arrested him for prowling. The officer intended to place defendant in the patrol car, take him home, and release him to his parents. He handcuffed him and searched him, discovering cocaine in one of defendant’s pockets. Defendant was thereafter charged with the possession of cocaine.