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In Re A.C., A Person Coming Under the Juvenile Court Law. v. A.C

February 24, 2012

IN RE A.C., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
A.C., DEFENDANT AND APPELLANT.



(Super. Ct. No. JD11197)

The opinion of the court was delivered by: Duarte , J.

In re A.C. CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following the denial of his suppression motion, the minor A.C. (minor) pled no contest to possession of a loaded firearm by a prohibited person.*fn1 (Former Pen. Code, § 12031, subd. (a)(1)(2)(D)).*fn2 The juvenile court declared minor a ward of the court and placed him on probation, subject to various conditions.

On appeal, minor contends the juvenile court erred in denying his suppression motion. We disagree and shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On May 5, 2011, at around 8:49 a.m., Woodland Police Officer Tim Keeney was dispatched to investigate a group of juveniles, one of whom was reported to be carrying a large knife. The dispatch did not include a description of the juvenile with the knife.

Keeney arrived at the location about six minutes later and saw minor standing by himself in a parking lot. Minor was carrying a small duffel bag in one hand.

Keeney pulled into the parking lot in his marked patrol car without using his siren or emergency lights. He was at least 10 feet from minor, with whom he made eye contact. Minor had a look of concern on his face as Keeney pulled in. He was wearing baggy clothing with a long T-shirt below his waist.

Minor immediately walked away, turned his back to Keeney, and thrust his hands towards his waistband.*fn3 Keeney got out of his car, told minor to stop, then drew his gun and followed minor when minor did not stop.

Minor continued walking quickly away from Keeney, still fumbling with his hands at his waistband as though he were "moving something around" or "concealing a weapon." He turned his head and looked at Keeney as he continued to walk away. Keeney had to run before he caught up with minor and ordered him to put his hands up.

Minor eventually put his hands over his head and interlaced his fingers. Keeney holstered his gun and grabbed minor's hands, but minor moved and bent in a "folding over" manner that signaled to Keeney concealment of something in his waistband. Minor did not stop moving until Keeney threatened to use his Taser.

Keeney then lifted up minor's shirt and immediately saw the silver handle of a gun in minor's waistband. He removed the weapon, and took minor into custody. The ...


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