Callahan v. Thomas G.

Opinion

ELKINGTON, J. By orders of the juvenile court Thomas G., a minor, was (1) found to have violated the provisions of Health and Safety Code section 11910, and therefore to be a person described by Welfare and Institutions Code section 602, (2) declared a ward of the court, and (3) placed under the supervision of the court’s probation officer, to reside in the home of his parents. His appeal from the “judgment” will be treated as an appeal from these orders.

Cecil Whitoff was dean of students of a Contra Costa County high school. He was charged with the duty of enforcing student discipline, a substantial part of which concerned the use of dangerous drugs and narcotics by students. A classmate of Thomas told the dean that he had seen Thomas take a pill in the electric shop and that he was “possibly obviously intoxicated” and “perhaps unable to maintain himself.” The dean testified he “believed that there would be good reason for [the classmate] to say this and so I desired to find out if this were true.” He and the high school principal went to the electric shop where Thomas was asked to return with them to the dean’s office. At the principal’s request Thomas there emptied his pockets on the dean’s desk. Among the articles disclosed was a “Kodak film canister.” The canister was opened by the dean and found to contain amphetamine pills, a restricted dangerous drug (see Health & Saf. Code, § 11901; the offense is a felony). The police were called and the juvenile court proceedings against Thomas were commenced.

Thomas contends that the conduct of the school officials leading up to the [1196]discovery of contraband on his person was violative of Fourth Amendment requirements. Therefore, he insists, the amphetamine pills found on his person were erroneously allowed in evidence.

Preliminarily we observe the now established principle that Fourth Amendment probable cause may result from information received from a so-called “citizen-informer” not shown to be involved in criminal activities, even though his credibility has not previously been tested. Under that rule when such a person, acting openly in aid of law enforcement, reports that he has observed criminal activity, corroboration of his reliability is unnecessary. (People v. Hogan, 71 Cal.2d 888, 890 [80 Cal.Rptr. 28, 457 P.2d 868]; People v. Scoma, 71 Cal.2d 332, 338, fn. 7 [78 Cal.Rptr. 491, 455 P.2d 419]; People v. Barrett, 2 Cal.App.3d 142, 147-148 [82 Cal.Rptr. 424]; People v. Sesser, 269 Cal.App.2d 707, 711 [75 Cal.Rptr. 297]; People v. Guidrey, 262 Cal.App.2d 495, 497-498 [68 Cal.Rptr. 794]; People v. Waller, 260 Cal.App.2d 131, 137 [67 Cal.Rptr. 8]; People v. Gardner, 252 Cal.App.2d 320, 324-325 [60 Cal.Rptr. 321]; People v. Barcenas, 251 Cal.App.2d 405, 408 [59 Cal.Rptr. 419]; People v. Griffin, 250 Cal.App.2d 545, 550-551 [58 Cal.Rptr. 707]; People v. Lewis, 240 Cal.App.2d 546, 549-551 [49 Cal.Rptr. 579]; People v. Wright, 216 Cal.App.2d 866, 871 [31 Cal.Rptr. 432].) Thomas’ classmate, reporting that Thomas had taken a pill and was “possibly obviously intoxicated,” may reasonably be compared to a citizen-informer reporting a crime to the police.