In re R.H. CA2/4

Filed 5/27/16 In re R.H. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

In re R.H., A Person Coming Under the B267146 Juvenile Court Law. (Los Angeles County Super. Ct. No. FJ52604) THE PEOPLE,

Plaintiff and Respondent,

v.

R.H.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert J. Totten, Commissioner. Affirmed. Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, and Scott A. Taryle, Deputy Attorney General, for Plaintiff and Respondent. ______________________________

Minor R.H. appeals from an order sustaining a petition under Welfare and 1 Institutions Code, section 602 and placing him home on probation. He argues the court erred in denying his suppression motion because the search and seizure were in violation of his Fourth Amendment rights. We find that the “special needs” administrative search exception applied and affirm the order.

FACTUAL AND PROCEDURAL SUMMARY On September 26, 2013, Craig Uwaine, a Los Angeles Unified School District (LAUSD) campus aide at Thomas R. King Middle School, conducted a random search of R.H.’s classroom. The school had signs posted at its entrance stating that all who entered the campus were subject to random search. The district also had a policy that school personnel would randomly select one classroom to search each day for weapons and 2 drugs. An administrator would “randomly select[] classrooms to search per week.” After arriving at R.H.’s classroom on the day in question, Uwaine asked the teacher, Mr. Moreno, to select two students to be searched, by selecting every fifth student listed on the attendance roster “or random, give me 2 kids.” There were only four or five students in the classroom, and Mr. Moreno selected R.H. and another student. Uwaine asked R.H. to take his belongings and follow him to another room. Uwaine then asked R.H. if he had anything to declare, and R.H. responded that he had a knife in his folder. Uwaine asked him to take the knife out of the folder, R.H. did so, and the knife was confiscated. Campus police was called and LAUSD police officer Gamboa responded. He took R.H.’s statement and arrested him. The section 602 petition alleged R.H. committed the misdemeanor offense of unlawfully bringing and possessing a weapon (a knife) on school grounds. (Pen. Code, § 626.10, subd. (a)(1).) Following the denial of R.H.’s motion to suppress evidence