People v. Trinidad V.

Opinion

COMPTON, J. A petition filed in the juvenile court of Los Angeles County pursuant to Welfare & Institutions Code section 602 alleged that [1079]Trinidad V., 17 years of age, had unlawfully possessed cocaine in violation of Health and Safety Code section 11350, subdivision (a) and thus should be declared a ward of the court.

Following a hearing pursuant to Welfare and Institutions Code section 700.1,1 the court suppressed the evidence upon which the petition was based, and the petition was thus ordered dismissed. The People have appealed. We reverse.

The hearing which led to the suppression order consisted entirely of the testimony of the deputy sheriff who had arrested the minor at the latter’s home for spray painting graffiti on a market building in violation of Penal Code section 594 (vandalism). The cocaine was found in the minor’s pocket during the booking procedure.

Since there was no dispute as to the facts which led to the arrest and the magistrate made no adverse finding as to the credibility of the arresting deputy, our function is to determine whether, as a matter of law, the arrest was valid.

“A peace officer may, without a warrant, take into temporary custody a minor: (a) Who is under the age of 18 years when such officer has reasonable cause for believing that such minor is a person described in Section . . . 602. . . .” (Welf. & Inst. Code, § 625.)

This issue is simply whether the objective facts presented to the deputy sheriff at the time of the arrest would have led a reasonable person in his position and with his background, experience and expertise to entertain a strong suspicion of the guilt of the minor. (People v. Miller (1972) 7 Cal.3d 219 [101 Cal.Rptr. 860, 496 P.2d 1228]; People v. Rosales (1987) 192 Cal.App.3d 759 [237 Cal.Rptr. 558]; People v. Superior Court (Johnson) (1971) 15 Cal.App.3d 146 [92 Cal.Rptr. 916].)

The arresting deputy had broad experience in dealing with juvenile gangs and their propensity for spray painting on various structures the names, logos, and other symbols of significance to gang activity.

He was summoned to the market in question by the owner who pointed out the various examples of the graffiti on the walls of his building and offered the information that members of the “Nut Hood Watts Gang” lived in a house directly behind the market.