In re K.R. CA4/3

Filed 5/2/16 In re K.R. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G051085 Plaintiff and Respondent, (Super. Ct. No. DL049706) v. OPINION K.R.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Deborah C. Servino, Judge. Affirmed. Sarita Ordonez, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland, Kimberley A. Donohue and Kathryn Kirschbaum, Deputy Attorneys General, for Plaintiff and Respondent.

Minor K.R. admitted misdemeanor possession of concentrated cannabis (Health & Saf. Code, § 11357, subd. (a)). She contends the juvenile court erroneously denied her motion to suppress evidence (Welf. & Inst. Code, § 700.1). We disagree and affirm the challenged order. FACTS Fountain Valley Police Officer Brian Casteel stopped a yellow Toyota Scion on suspicion of illegally tinted windows. Following the stop, Casteel searched the car with the driver’s consent and found methamphetamine, concentrated cannabis, and heroin in the glove compartment. Minor was the front seat passenger. In minor’s pretrial motion to suppress, she argued the drugs were discovered as a result of a warrantless search and during an unlawful detention. The district attorney asserted the traffic stop was justified by Casteel’s reasonable suspicion the Scion’s tinted windows violated the Vehicle Code. At the hearing, Casteel testified he had been a patrol officer for three years and 10 months, and he had personally conducted over 100 traffic stops involving illegally tinted windows. In the early morning hours of March 14, 2014, Casteel saw the Scion turn left in front of him. He was about 200 feet away from the car as it drove through a well-lighted intersection. Casteel realized that he could not “see inside the vehicle based on the tint.” Based on his experience and observations, Casteel believed the Scion’s window tinting violated Vehicle Code section 26708. Casteel activated his overhead lights and the Scion yielded. As Casteel walked toward the driver’s door, he smelled the odor of burned marijuana emanating from the passenger compartment. Casteel recognized the driver, J.M., from a prior drug arrest. Casteel also noticed that J.M.’s pupils were dilated, and he was fidgeting and smacking his lips. Based on these facts, Casteel suspected J.M. was driving while under the influence of a drug. Casteel ordered J.M. and the car’s other occupants, including minor, to disembark.