In re Kevin L. CA5

Filed 9/24/15 In re Kevin L. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re KEVIN L., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F069310

Plaintiff and Respondent, (Super. Ct. No. 14CEJ600111)

v. OPINION KEVIN L.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Kimberly Nystrom-Geist, Judge. Caitlin U. Christian, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Gregory B. Wagner, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P. J., Detjen, J. and Franson, J.

INTRODUCTION The juvenile court adjudged appellant a ward of the court (Welf. & Inst. Code, § 602) after appellant admitted the People’s allegation that he had possessed methamphetamine (Health & Saf. Code, § 11377, subd. (a)). On appeal, appellant argues the juvenile court erred by denying his motion to suppress the methamphetamine, as the search that yielded that evidence was unlawful. We affirm. FACTS On February 19, 2014, Officer Michael Aguilar observed a group of four minors, including appellant, run across a street and impede traffic. Aguilar detained the group for jaywalking and, because appellant was wearing a baggy sweatshirt that covered his waistband, informed the minors that they would be subject to a patdown search for weapons. As Aguilar placed appellant’s hands behind his head, he observed a pack of cigarettes sticking out of appellant’s pocket. Aguilar placed appellant under arrest for possession of tobacco, and a search incident to that arrest yielded a small bag of methamphetamine. As a result of the search, a petition was filed against appellant alleging the possession of methamphetamine. Prior to the jurisdictional hearing, appellant filed a motion to suppress the evidence against him, arguing the patdown search was unlawful and the cigarettes and methamphetamine were products of that unlawful search. The People opposed the motion, arguing the search was justified as a search incident to arrest or, in the alternative, the search was based on a reasonable suspicion that appellant was armed and dangerous. Following a hearing on the matter, the juvenile court denied appellant’s motion to suppress, finding the search was based on a reasonable suspicion that appellant was armed and dangerous. Appellant then admitted the allegation in the petition, and was adjudged a ward of the court. This appeal followed.