In re Omar M. CA4/1

BACKGROUND

Viewing the evidence in a light favorable to the juvenile court's ruling (In re Cody

S. (2004) 121 Cal.App.4th 86, 90), the following occurred:

At about 8:00 p.m. on April 23, 2010, as it was just getting dark, uniformed San

Diego County Deputy Sheriff Todd Baker was driving his patrol car eastbound near West

Mission Road in San Marcos. He saw four young men walking westbound, in front of

him and on the same side of the road. Baker was familiar with only one of the

individuals, Javier H., who associated with Varrio San Marcos gang members and had

previously told Baker that he was affiliated with that gang. The remaining members of

the group were 16-year-old Omar, Jose M. and Pedro A. The four youths were wearing

baggy clothing, and Jose was wearing a Chargers shirt, an item of clothing worn by

Varrio San Marcos gang members. A gang injunction forbade members of that gang

from wearing Chargers clothing and associating with other gang members. Baker had no

2 information that any of the four had been involved in a crime, were Varrio San Marcos

gang members or were covered by the gang injunction, but he thought they "could be"

members of that gang and…