In re Marcos B. CA4/3

Filed 3/30/15 In re Marcos B. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re MARCOS B., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G049513 Plaintiff and Respondent, (Super. Ct. No. DL039797) v. OPINION MARCOS B.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Cheryl L. Leininger, Judge. Affirmed. Sarita Ordóñez, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Stacy Tyler, Deputy Attorneys General, for Plaintiff and Respondent.

* * *

After the juvenile court denied Marcos B.’s (minor) motion to suppress evidence, minor admitted the allegations in a juvenile wardship petition that he possessed or transported heroin (count 1) and methamphetamine (count 2). The court placed minor on probation on the conditions he spend 60 days in a juvenile institution, pay $100 in restitution, and attend an outpatient drug program. Minor contends the court erred in denying his motion to suppress. We disagree.

FACTS

Dominic Padilla has been a police officer for over 13 years, with extensive training and experience in drug surveillance. For four of those years, he worked undercover as part of a strike force team. He parked in areas known for the sale of drugs and reported his observations to assisting officers. In the constantly evolving practice of drug transactions, drug dealers now commonly have a “negotiator” or “facilitator” posted in a parking lot who, upon being contacted, will direct a purchaser to the location of the person who has the drugs for sale. As an undercover officer, Padilla has personally observed this type of transaction over 20 times. Such drug deals are not limited to the evening hours but occur throughout the day, including in broad daylight. One evening around 7:00 p.m., Padilla was working undercover for the strike force team at a grocery parking lot “well-known for drug sales.” He noticed a man sitting on a block wall. When a vehicle pulled up, the man walked over to the driver’s side, leaned in, and spoke to the vehicle’s occupants. The man then grabbed his cellular phone and appeared to be texting or making a phone call. Minor got out of the passenger side of the vehicle and walked across the street to a residence. He met with a man at the door before they went inside. About two