In re Richard C. CA4/3

Filed 8/27/15 In re Richard C. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 RICHARD C., a Person Coming Under the Juvenile Court Law. _______________________________ G051057

THE PEOPLE, (Super. Ct. No. DL049876)

Plaintiff and Respondent, OPINION

v.

RICHARD C.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Lewis W. Clapp, Judge. Affirmed. Sheila Quinlan, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Daniel Hilton, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Minor Richard C. admitted committing a shoplifting offense (Pen. Code, § 459.5) after the juvenile court denied his motion to suppress evidence (Welf. & Inst. Code, § 700.1). The juvenile court did not declare Richard to be a ward, but placed him on unsupervised probation on various conditions (Welf. & Inst. Code, § 725, subd. (a)). Richard contends a police officer detained him in violation of his Fourth Amendment rights. We affirm. I FACTUAL AND PROCEDURAL BACKGROUND Officer Brian Thaete of the Orange Police Department testified at the suppression hearing that on June 16, 2014, around 5:00 p.m. he was patrolling in a high crime area a few blocks from a Best Buy electronics store. Thaete was in uniform and driving a marked patrol car. The area suffered from auto burglaries, thefts, and shoplifting. Thaete spotted 15-year-old Richard C. riding a skateboard and a male companion, O., on a bicycle. They were in the street travelling away from the Best Buy location. Thaete stopped his car about 15 feet from the boys, got out, and asked if he could speak with them. The officer did not activate his spotlights, overhead lights, or sirens, nor did he display a weapon. The boys stopped and “willingly spoke with” Thaete. He asked if they were from the neighborhood, what they were doing, and if either was on probation or parole. Richard said he was not, but that O. was on probation. Thaete looked directly at O. and told him to sit on the curb. Richard elected to sit next to O. even though Thaete did not tell him to do so. Thaete did not tell Richard he was free to leave, and Richard did not ask if he could leave. O. denied he had anything illegal in his backpack. Thaete searched the bag and found a cell phone screen protector in its packaging. When Thaete asked O. about the screen protector, Richard and O. both responded simultaneously. O. claimed he got