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In re J.D.

California Court of Appeals, First District, First Division

April 15, 2014

In re J.D., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent,
v.
J.D., Defendant and Appellant.

[As Modified on May 14, 2014]

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

Contra Costa County Superior Court No. J1101036, Hon. Barry Baskin, Trial Judge.

Page 710

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COUNSEL

Eileen A. Manning-Villar, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris Attorney General, Dane R. Gillette Chief Assistant Attorney General Gerald A. Engler, Assistant Attorney General , Ronald E. Niver and Eric D. Share, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DONDERO, J.

In this appeal, we are asked to review the denial of a motion to suppress in a delinquency proceeding. Appellant’s locker was searched by high school security and a sawed-off shotgun was found in his backpack. The trial court upheld the search. Following a jurisdictional hearing, the court sustained count one of the wardship petition alleging the minor possessed a firearm in a school zone, a felony (Pen. Code, § 626.9, subd. (b)), and dismissed two other counts on the People’s motion. He now appeals the courtÂ’s ruling on the suppression motion and challenges various conditions of his probation. His appeal is authorized by Welfare and Institutions Code section 800. We conclude the conduct undertaken by school security was reasonable and sustain the trial court’s decision. We also modify appellantÂ’s probation conditions. As modified, the judgment is affirmed.

Statement of Facts

Charles Johnson was a campus security officer (CSO) for the West Contra Costa Unified School District (WCCUSD). At the time of the offense, he was assigned to Richmond High School, a part of the WCCUSD. On February 10, 2011, while on duty at the school, Johnson was approached by a female student who seemed concerned and wished to speak with Rose Sanders, another CSO at Richmond High School. Johnson accompanied her to see Sanders. A short while later, Johnson was called to Sanders’s office to hear what the student had to say. The student related that on the day before, while the student was on an AC Transit bus, a Richmond High School student, T.H., pulled out a gun and shot someone. The student witness had been on the bus and indicated another student told her what T.H. had done with the weapon.

T.H. was currently enrolled at Richmond High School. Sanders wanted to know if T.H. was on campus and if he had a weapon on the premises. Johnson met with school administrators and was directed to detain T.H. and determine if he had any weapon.

Page 713

Johnson proceeded to the security office on campus to call Richmond police for help. When he arrived, Sergeant Russell of the Richmond Police Department was present for a visit. Russell told Johnson to locate T.H. but not confront him. Russell also ...


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