In re J.H. CA1/1

Filed 5/15/14 In re J.H. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.H., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A140166 v. J.H., (Alameda County Super. Ct. No. OJ06005306) Defendant and Appellant.

INTRODUCTION In this appeal, we are again asked to review probation conditions imposed in a delinquency case by the juvenile court. Here the challenged condition imposed by the court was “[appellant] is going to be subject to a four-way search clause. That’s consent to search of his person, vehicle, room and property under his control, place of residence, and locker at his placement at any time of the day or night, with or without a search warrant and with or without probable cause.” Following cases such as In re Josh W. (1997) 55 Cal.App.4th 1 and In re R.V. (2009) 171 Cal.App.4th 239, we affirm, acknowledging the broad discretion juvenile court judges have in imposing conditions that ensure rehabilitation of the minor. STATEMENT OF THE CASE A juvenile wardship petition was filed on February 21, 2013, alleging the minor J.H. committed misdemeanor battery pursuant to Penal Code section 242. On April 10,

2013, the minor was placed on informal probation by the court without adjudging appellant a ward. (Welf. & Inst. Code, § 654.2.) On October 9, 2013, the juvenile court set aside its order of April 10, 2013, remanding appellant to a secure facility. On October 16, 2013, the wardship petition was amended to allege a violation of Penal Code section 415 (disturbing the peace). The parties stipulated this offense was a lesser included offense of the original offense of battery. The minor admitted the allegation. On October 23, 2013, the court placed appellant on probation without declaring wardship, subject to several terms and conditions. On October 31, 2013, appellant appealed in a timely fashion. STATEMENT OF FACTS A review of the probation report filed on October 23, 2013 reveals the details of the minor’s conduct. On January 13, 2013, appellant was involved in a verbal argument with his mother because she would not allow him to visit a neighbor. The mother was concerned about the character of the neighbors and that they used drugs. Appellant then proceeded to punch his 17-year-old sister, push his mother and shove his younger brother. He also threw glassware at his mother and siblings’ heads. The police were called and placed the minor in custody under Welfare and Institutions Code section 5150 to calm him down. The following day, the hospital contacted the mother to pick up her child. She was unwilling to take custody of appellant because she feared for her safety and that of the other children in the household. The mother met with the staff at Fremont Hospital on January 15, 2013 to develop a plan for appellant. All agreed the minor should remain in a form of confinement approved by the agency. On January 16, 2013, appellant was placed at Refuge Group Home. On February 19, 2013, police were summoned to Refuge Group Home to investigate a fight at the site. The reporting party, Breana Owens, stated appellant got 2