In re A.M. CA1/1

Filed 2/19/14 In re A.M. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re A.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A138040

Plaintiff and Respondent, (Contra Costa County v. Super. Ct. No. J12-01489) A.M., Defendant and Appellant.

Following a combined motion to suppress evidence and jurisdictional hearing, the juvenile court sustained a petition alleging appellant possessed a weapon on school grounds. Appellant contends the court erred in denying his suppression motion. We disagree and affirm the judgment. I. FACTUAL AND PROCEDURAL BACKGROUND A. Factual Background 1. Prosecution On October 22, 2012 at approximately 11:30 a.m., Andre Walker, a campus supervisor assigned to provide security and ensure classroom attendance at Antioch High School, was located at the front of the school. At that time, he noticed appellant entering the campus. Walker asked appellant why he was so late for an 11:00 a.m. class. Appellant did not respond. As appellant approached, Walker “picked up a scent of marijuana on him, and that’s the time when I immediately asked him could he join me

into the vice principal’s office [sic].” Walker took appellant to the vice-principal’s office because he was late to school, smelled of marijuana, and to determine if he had on him any “drug substance.” In the office of the vice-principal, Jarrod Bordi, the vice-principal also noticed the odor of marijuana emanating from appellant. Nonetheless, when Walker asked appellant if he possessed anything they “should be aware of,” appellant responded he did not. Appellant admitted, however, he had smoked marijuana off campus. Because appellant smelled of marijuana, Bordi assumed he possessed marijuana or paraphernalia, and he authorized Walker to search appellant. Walker in turn conducted a pat search, felt an object, and removed a knife from appellant’s front pocket. According to Bordi, the knife had blades “coming out of it at both ends.” Appellant told Bordi he found the knife off campus and carried it for protection. Following the discovery of the knife and appellant’s admission, Bordi informed him he was under suspension, and called the police. Antioch Police Office Christopher Kidd was dispatched to the high school where he met with Bordi. Bordi gave him a knife taken from appellant. The knife had “dual blades on each side” that locked into position. After being advised of his Miranda rights,1 appellant said he found the knife about three or four days previously, and carried it for protection. 2. Defense Appellant testified he was searched by Timothy Manly, site safety coordinator for Antioch High School, in front of the school near the parking lot. Appellant denied he was ever searched by Walker in the vice-principal’s office, but indicated Walker was present when Manly searched him. Officer Kidd testified that when he arrived at the vice-principal’s office, Bordi told him Manly had contacted him to advise that a student was in possession of a knife. Kidd was “under the impression that he [the vice-principal] was just contacted” by Manly and