In re Antonio G. CA1/4

Filed 4/28/21 In re Antonio G. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re ANTONIO G., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A160633 v. (Contra Costa County ANTONIO G., Super. Ct. No. J20-00032) Defendant and Appellant.

Following his admission to one misdemeanor count of driving while having a blood alcohol level of .08 or higher (Veh. Code, § 23152, subd. (b)), minor was adjudged a ward of the court and placed on home supervision subject to various conditions. On appeal, he contends that the standard warrantless search condition imposed by the court is unreasonable and overbroad under In re Ricardo P. (2019) 7 Cal.5th 1113 (Ricardo P.). We disagree and shall affirm the order. Background In January 2020, the Contra Costa County District Attorney filed a petition alleging that minor fell within the meaning of Welfare and Institutions Code section 602 based on his commission of three misdemeanor violations: driving under the influence of alcohol (Veh. Code, § 23152,

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subd. (a)); driving while having a blood alcohol level of .08 or higher (Veh. Code, § 23152, subd. (b); and driving without a license (Veh. Code, § 12500, subd. (a)). In a plea agreement, minor admitted a violation of Welfare and Institutions Code section 23152, subdivision (b), and the remaining counts were dismissed. According to the probation report, on November 6, 2019, minor took a car belonging to his mother’s employer and crashed it. The officer who responded to the accident observed signs of intoxication and minor admitted drinking two or three beers. Minor did not produce a driver’s license when asked by police. Results from tests administered over an hour after the accident showed minor’s blood alcohol level to be approximately .17 percent. At the dispositional hearing, the probation department recommended the court impose conditions prohibiting minor from using or possessing any illegal drugs or alcohol, requiring minor to submit to drug and alcohol testing as directed by his probation officer and requiring minor to submit to warrantless searches of his “person, property, any vehicle under minor’s control, and residence.” Minor’s attorney did not object to the conditions of probation restricting minor’s possession of drugs and alcohol and requiring drug and alcohol testing but argued that the warrantless search condition posed an unreasonable burden on minor’s privacy rights. The court imposed the condition over defendant’s objection, noting that it was appropriate to allow the probation department to monitor minor’s possession of alcohol. Discussion “ ‘The purposes of juvenile wardship proceedings are twofold: to treat and rehabilitate the delinquent minor, and to protect the public from criminal conduct.’ [Citation.] To those ends, a juvenile court may order a ward under its jurisdiction to probation. [Citation.] Under Welfare and