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

July 25, 2012

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



(Super. Ct. No. 67464)

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

In re A.H. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A.H. (minor) appeals from the juvenile court's order denying his motion to suppress under Welfare and Institutions Code section 700.1 and the court's final dispositional order. Minor's sole contention on appeal is that the court erred in denying his motion to suppress evidence seized by police in connection with a detention he argues was unlawful. We disagree and shall affirm the orders.

FACTUAL AND PROCEDURAL BACKGROUND

The Stop and Search

On December 6, 2010, around 8:30 a.m., Stockton Police Officer Youn Seraypheap was dispatched to investigate a report of "suspicious subjects," described to the officers as "two [B]lack males and one female" at "Navajo Drive and Chisholm Way." While driving to the location, Seraypheap received a second dispatch reporting a burglar alarm sounding "about a block away from where [the officers] were going. . . ."

As Seraypheap approached Navajo and Chisholm, he saw minor (a Black male) with another Black male and a female. There were no other people in the area, and they were "no more than a hundred yards" from the location of the reported burglar alarm. The three looked toward Seraypheap's marked patrol car and the second Black male ran. Officer Spitzer, who was in his own patrol car, followed the runner.

Seraypheap then pulled his patrol car near the curb line on the wrong side of the street and parked the car at an angle in order to keep minor and the female in his line of sight. He did not block the sidewalk with his patrol car or its door; he did not activate his lights or siren. He got out of his car five to 15 feet away from minor. He did not draw his weapon.

Minor continued to approach Seraypheap, but the female did not, instead walking away. Seraypheap asked minor why his friends left; minor responded he did not know. Seraypheap then asked minor if he was armed. Saying nothing, minor took two steps away from Seraypheap and, believing minor was about to run, Seraypheap grabbed the hood attached to the back of minor's shirt.

Minor struggled with Seraypheap, trying to free himself from Seraypheap's grasp. Seraypheap then grabbed minor with both hands and used his body to pin minor to the patrol car; he then "pat-searched" minor to "make sure he had no weapons on him." During the search, Seraypheap found a loaded semiautomatic firearm in minor's waistband.

Seraypheap arrested minor and transported him to the jail. At the jail, Seraypheap asked minor if he had left anything in the patrol car; minor ...


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