In re Jesus R. CA5

California Court of Appeal Jan 11, 2021 No. F080442Unpublished

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Holding. The court affirmed the dismissal of a juvenile wardship petition, holding that the trial court properly granted a motion to suppress evidence because the officer failed to articulate specific, individualized facts justifying a search of the minor.

Issues

Whether the trial court erred in granting a motion to suppress evidence based on the officer's failure to articulate specific facts justifying a search.
Whether the trial court was required to consider alternative justifications for a search not articulated by the officer at the time of the incident.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The juvenile court found Aguilar did not conduct the search based on any specific, articulable facts concerning minor.”

“The trial court properly relied on Aguilar’s proffered justification for the search in determining the search was unreasonable.”

“The cases do not hold that a trial court may, let alone must, find a search justified on a basis not articulated by the officer.”

Filed 1/11/21 In re Jesus R. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JESUS R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F080442

Plaintiff and Appellant, (Super. Ct. No. JJD071730)

v. OPINION JESUS R.,

Defendant and Respondent.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Robin L. Wolfe, Judge. Tim Ward, District Attorney, Dan Underwood, Chief Deputy District Attorney, Dave Alavezos, Assistant District Attorney, Jessica Weatherly and Adam Clare, Deputy District Attorneys, for Plaintiff and Appellant. Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Respondent. -ooOoo-

* Before Franson, Acting P.J., Meehan, J. and Snauffer, J.

The People appeal from an order dismissing a juvenile wardship petition (Welf. & Inst. Code, § 602)1 involving minor Jesus R. following the grant of minor’s motion to suppress evidence (§ 700.1). We affirm. FACTUAL AND PROCEDURAL HISTORY On June 10, 2019, the People filed a juvenile wardship petition pursuant to section 602, alleging that minor violated Penal Code section 626.10, subdivision (a), by possessing a weapon on school grounds. On July 31, 2019, minor filed a motion to suppress evidence pursuant to section 700.1. On October 15, 2019, the court held a hearing on the motion. At the hearing, Detective Maria Aguilar2 of the Porterville Police Department testified that she was working as a school resource officer on February 1, 2019, at approximately 9:30 a.m., when she responded to Vine Street Community Day School for a report of a juvenile in possession of marijuana. Once there, the principal told Aguilar that three students, one of whom was minor, smelled strongly of marijuana. Aguilar entered the classroom where the three students were located. Other students also were present. Aguilar smelled a strong odor of marijuana. Aguilar asked minor to step outside into the yard, and advised him that he was not arrested or detained, but that she was trying to figure out who was smoking marijuana before school. Aguilar testified that she conducted a patdown search of minor for “his safety and [hers].” Aguilar did not ask minor any questions before she patted him down. During the search, Aguilar felt something hard, approximately three inches in length by one to one and a half inches in width, and believed it to be a pocketknife. She located a

In re Jesus R. CA5

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THE PEOPLE, F080442

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