In re P.H. CA2/4

Filed 8/15/23 In re P.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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 P.H., a Person Coming Under the B324894 Juvenile Court Law. (Los Angeles County THE PEOPLE, Super. Ct. No. NJ29899)

Plaintiff and Respondent,

v.

P.H.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John C. Lawson II, Judge. Affirmed. Mary Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, David A. Voet, Deputy Attorney General, for Plaintiff and Respondent.

P.H., a minor, appeals the sustaining of a Welfare and Institutions Code section 602 petition alleging he committed the offense of possession of a firearm by a minor in violation of Penal Code section 29610. He contends the juvenile court erred in denying his motion to suppress evidence of the firearm, which police discovered inside his backpack during an inventory search of the vehicle N.H. was driving. We affirm, finding the officers properly impounded appellant’s vehicle and the search of his backpack was done in accordance with standard police department procedures.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY 1. The Stop and Inventory Search1 Gerrit de Jongh, a sergeant in the Long Beach Police Department’s (LBPD) motor detail, was on solo patrol on his motorcycle on March 24, 2022 at 7:00 p.m. De Jongh observed a vehicle with illegally tinted windows and no rear license plate driving on Lakewood Boulevard near the traffic circle. De Jongh stopped the vehicle on Lakewood, and it parked in an area that was an open traffic lane with no parking allowed. Appellant was driving the car and two other minors were occupants. Appellant did not have a driver’s license, nor did the other minors. According to police procedure, if a car had no licensed drivers, de Jongh was required to tow the vehicle for the safety of both the occupants of the vehicle and the public at large. At this point, de Jongh called for additional units. While waiting for backup to arrive, de Jongh began to write appellant a citation for three