In re Armando R. CA3

Filed 11/20/13 In re Armando R. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

In re ARMANDO R., a Person Coming Under the C070867 Juvenile Court Law.

THE PEOPLE, (Super. Ct. No. 69155)

Plaintiff and Respondent,

v.

ARMANDO R.,

Defendant and Appellant.

In March 2012 a petition was filed pursuant to Welfare and Institutions Code section 602 alleging the minor, Armando R., was in possession of a firearm (Pen. Code, § 29610) and in possession of ammunition (Pen. Code, § 29650), carrying a concealed weapon (Pen. Code, § 25400, subd. (a)), carrying a loaded firearm (Pen. Code, § 25850, subd. (a)), and committed a battery on school property (Pen. Code, § 243.2, subd. (a)). After denying the minor’s motion to suppress evidence, the juvenile court sustained the petition and adjudged the minor a ward of the court. On appeal, the minor contends his

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suppression motion should have been granted because the juvenile court failed to consider all the relevant circumstances and there was not substantial evidence supporting the finding that the search of the minor was consensual. We shall affirm the judgment. BACKGROUND In the late afternoon of March 15, 2012, Officer Luis Talamantes was on a routine patrol near the area of Stribley Park in Stockton. Two days earlier, Talamantes had been working a “violent crime mission,” targeting areas of violent crime for increased patrols. Stribley Park is known as a “hang out” for Norteño gang members and is in a neighborhood well known for drug activity, shootings, robberies, and violent crime. Talamantes conducted his patrol there in an effort to continue the goals of the violent crime mission and determine if he could locate any problems or gang members. He had not previously patrolled at Stribley Park as part of the violent crime mission and was not aware if any other officers were assigned to the park as part of the mission. At the park Talamantes saw three Hispanic teenage males—the minor, his cousin Jose A., and their friend Miguel H.—sitting on a park bench. All three were wearing an article of red clothing. Because red usually symbolizes Norteño gang membership and most Norteños in Stockton are Hispanic, Talamantes drove over to speak with the teenagers. He parked in front of them, facing against traffic, and talked with them while remaining in his patrol car. He did not activate his emergency lights, turn on his siren, draw his weapon or handcuffs, and did not have a partner with him. Through the patrol car window, he asked the teenagers what they were doing and they answered they were waiting for a ride and hanging out, “ ‘chillin’.’ ” Talamantes joked with them, “ ‘chillin’ like a villain?’ ” He was smiling at the time and all three teenagers laughed in response. While in his car, he was at least 20 feet away from them. Talamantes noticed the minor appeared nervous and was looking around, so Talamantes decided to talk to him further. For officer safety, he got out of the car and walked over to the teenagers. He kept about six feet of distance between himself and the