In Re Elisabeth H.

Based upon a finding that the appealing minor, Elisabeth H., violated Health and Safety Code section 11556 (being in a room or place where any narcotics are being used with knowledge that such activity is occurring), the juvenile court granted the petition which had been filed under Welfare and Institutions Code section 602, and declared the minor a ward of the court. This appeal followed.

The appellant urges that the evidence upon which the finding is based was the product of an illegal search and seizure and, therefore, was inadmissible, and that the evidence is insufficient to sustain the conviction, We have concluded that the order must be reversed for the reason that while the evidence is sufficient to sustain the finding that the appellant was voluntarily present in the vehicle and had knowledge that the illegal use of narcotics was occurring, to save the statute from being struck down as unconstitutional it is necessary that there be proof of more involvement than mere voluntary presence and knowledge. The record here is barren of any evidence of such additional activity or involvement by the appellant.

On January 9, 1971, at about 4 a.m., Merced Police Officer…