In Re Trinidad

212 Cal.App.3d 1077 (1989) 261 Cal. Rptr. 39 In re TRINIDAD V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Appellant,

v.

TRINIDAD V., Defendant and Respondent.

Docket No. B038244. Court of Appeals of California, Second District, Division Two.

August 2, 1989. [1078] COUNSEL

Ira Reiner, District Attorney, Donald J. Kaplan and Sterling S. Suga, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, Alan H. Simon, Robert McBirney and Sue Robin Pollock, Deputy Public Defenders, for Defendant and Respondent.

OPINION

COMPTON, J.

A petition filed in the juvenile court of Los Angeles County pursuant to Welfare & Institutions Code section 602 alleged that [1079] Trinidad V., 17 years of age, had unlawfully possessed cocaine in violation of Health and Safety Code section 11350, subdivision (a) and thus should be declared a ward of the court.

Following a hearing pursuant to Welfare and Institutions Code section 700.1,[1] the court suppressed the evidence upon which the petition was based, and the petition was thus ordered dismissed. The People have appealed. We reverse.

The hearing which led to the suppression order consisted entirely of the testimony of the deputy sheriff who had arrested the minor at the latter's home for spray painting graffiti on a market building in violation of Penal Code section 594 (vandalism). The cocaine was found in the minor's pocket during the booking procedure.

Since there was no dispute as to the facts which led to the arrest and the magistrate made no adverse finding as to the credibility of the arresting deputy, our function is to determine whether, as a matter of law, the arrest was valid.