People v. Jose Y.

Opinion

SUZUKAWA, J.

In a petition filed by the District Attorney of Los Angeles County, minor Jose Y. was charged with being a person described in Welfare and Institutions Code section 602 in that he unlawfully possessed a locking blade knife on school property in violation of Penal Code section 626.10, subdivision (a). He was initially placed on probation. Probation was later terminated and the matter was set for trial. Minor’s motion to exclude evidence pursuant to Welfare and Institutions Code section 707.1 was denied. Minor admitted the violation and the petition was sustained. Minor appeals from the juvenile court order sustaining the petition. We affirm.

FACTS

On May 23, 2004, Lester Sanchez was working campus security at South Gate High School. At approximately 11:30 to 11:45 that morning, he saw three young men who appeared to be students sitting on the front lawn area of the school grounds during school hours. Sanchez estimated the three were 16 to 18 years of age. He reported to Officer Chung that there were three students, whom Sanchez did not know, on the grounds during class. At the suppression hearing, Sanchez identified minor as one of the three students.

Officer Tommy Chung is an officer with the Los Angeles Police Department and assigned to work at the school. After being notified by Sanchez of his observations, Officer Chung met with him at the front of the school. Sanchez pointed out the three individuals on the lawn and Officer Chung approached them. Officer Chung asked if any of them had identification. All three initially said they did not, but minor produced a piece of paper with a name on it. (The paper had minor’s name on it, but he did not volunteer that information.) Otherwise, none of the three provided the officer with a name.

The paper minor produced was similar to a registration slip; however it was from a school other than South Gate High School. Officer Chung decided

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to escort the three students to his office to try to verify their identity and what school, if any, they attended. As there were three individuals and he was alone, for his safety, he decided to conduct a patdown search. When he conducted the patdown on minor, he discovered a hard object in minor’s pants pocket. Officer Chung asked minor what the object was and he replied it was a knife. Officer Chung recovered the weapon.