In Re Christopher B.

Christopher B., a minor, appeals from an order of the juvenile court entered under Welfare and Institution Code section 602 finding he possessed rock cocaine for sale (Health & Saf. Code, § 11351.5). Christopher contends the court erred (1) in denying his Penal Code section 1538.5 motion to suppress the cocaine he discarded as the fruit of an illegal police detention, and (2) in finding he possessed cocaine for sale without finding he had the specific intent to sell. We conclude the court properly denied the suppression motion, but committed error in finding Christopher possessed the cocaine for sale. Accordingly, we reverse.

Factual and Procedural Background

At about 5:45 p.m. on June 4, 1988, San Diego Police Officer Charles Roger Barrett, along with other officers in uniform assigned to the Street Gang Task Force, drove to Martin Luther King, Jr., Park in the vicinity of 6300 Skyline Drive to monitor gang activity. There he saw a group of 20 to 25 males in the center of the park, in a grassy area at the bottom of a hill. Each male was wearing at least one item of red clothing which signified to Barrett membership in the East Side Piru Gang.

While Barrett did not see…