In Re Dawn O.

California Court of Appeal May 12, 1976 No. 47050Published

Before: Beach

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Holding. The court held that the police entry into the minors' home was reasonable and legal due to exigent circumstances involving the welfare of unattended children, rendering it unnecessary to determine if the exclusionary rule applies to juvenile dependency proceedings.

Issues

Whether the warrantless entry into the minors' home was legal under the circumstances.
Whether the exclusionary rule applies to juvenile dependency proceedings.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We hold that the entry was legal and therefore it is unnecessary to discuss whether the exclusionary rule does or does not apply to juvenile dependency hearings.”

“An effort to return a small child to its home after it has been found locked out, lonely and unattended is not unreasonable.”

“The discovery of the unattended child here reasonably gave rise to the concern that another child might be unattended in the house.”

58 Cal.App.3d 160 (1976) 128 Cal. Rptr. 852 In re DAWN O. et al., Persons Coming Under the Juvenile Court Law.

DEPARTMENT OF PUBLIC SOCIAL SERVICES OF LOS ANGELES COUNTY, Plaintiff and Respondent,

HELAINE LEE NUTTER et al., Defendants and Appellants.

Docket No. 47050. Court of Appeals of California, Second District, Division Two.

May 12, 1976. [161] COUNSEL

Paul Boland, David A. Binder, Paul Bergman, Ronald S. Marks, Deborah Arron, Jeffrey Barron and Robert Mann for Defendants and Appellants.

John H. Larson, County Counsel, and Patrick T. Meyers, Deputy County Counsel, for Plaintiff and Respondent.

OPINION

BEACH, J.

Petitions were filed alleging that Dawn O., Kathleen O., and Gypsy S.[1] come within the provisions of Welfare and Institutions [162] Code section 600, subdivisions (a) and (d). The trial court found that the minors fall within subdivisions (a) and (d) of section 600.[2] The mother of all three children and the father of Gypsy appeal from the order exercising jurisdiction over the children.

FACTS:

The following evidence was produced at the hearing:

After attending school on February 3, 1975, Dawn O. accompanied her friend Jackie to Jackie's home. She had been going home with Jackie after school for almost a month although her mother had never in any way communicated with Mrs. Rowell, the housekeeper at Jackie's home. Normally, Dawn would come about 3:15 in the afternoon and would stay until dark; Mrs. Rowell fed her every day at about 4:30.

In Re Dawn O.

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OPINION

BEACH, J.

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