In Re Willy L.

At the jurisdictional hearing, appellant admitted the Vehicle Code violations and the burglary, but denied the allegations of possession of marijuana and codeine contending that the drugs had been seized by means of an illegal search and seizure. The court overruled appellant’s objections to the admissibility of the drugs and found the allegations of the drug violations to be true. Appellant was found to be a person described in section 602 of the Welfare and Institutions Code.

*260 At the dispositional hearing the court considered a social study prepared by the juvenile court probation officer wherein it was recommended that appellant be removed from the custody of his parents and committed to a forestry camp in Stanislaus County and upon successful completion of the camp program to be released to the custody of his parents under specified terms of probation. Appellant’s counsel recommended a local jail sentence. The juvenile court declined to follow either recommendation and ordered appellant committed to the Youth Authority.

Facts

At about 1:40 p.m. on November 25, 1974, Jack Smith, a Modesto police officer on duty in his patrol car in Modesto, noticed a 1967 black…

I concur in the holding that appellant’s arrest and search was lawful. I dissent, however, from the holding that appellant was properly committed to the Youth Authority.

Section 502 of the Welfare and Institutions Code provides: “The purpose of this chapter is to secure for each minor under the jurisdiction of the juvenile court such care and guidance, preferably in his own home, as will serve the spiritual, emotional, mental, and physical welfare of the minor, and the best interests of the state; to- preserve and strengthen the minor’s family ties whenever possible, removing him frotii the custody of his parents only when his welfare or safety and protection of the public cannot be adequately safeguarded without removal; and *267 when the minor is removed from his own family, to secure for him custody, care, and discipline as nearly as possible equivalent to that which should have been given by his parents. This chapter shall be liberally construed to carry out these purposes.” (Italics added.)

Juvenile commitment proceedings are designed for the purposes of rehabilitation and treatment of the minor, and not for punishment. (In re Aline D. (1975) 14 Cal.3d 557, 567 [ 121…

At the jurisdictional hearing, appellant admitted the Vehicle Code violations and the burglary, but denied the allegations of possession of marijuana and codeine contending that the drugs had been seized by means of an illegal search and seizure. The court overruled appellant's objections to the admissibility of the drugs and found the allegations of the drug violations to be true. Appellant was found to be a person described in section 602 of the Welfare and Institutions Code.

At the dispositional hearing the court considered a social study prepared by the juvenile court probation officer wherein it was recommended that appellant be removed from the custody of his parents and committed to a forestry camp in Stanislaus County and upon successful completion of the camp program to be released to the custody of his parents under specified terms of probation. Appellant's counsel recommended a local jail sentence. The juvenile court declined to follow either recommendation and ordered appellant committed to the Youth Authority.

At about 1:40 p.m. on November 25, 1974, Jack Smith, a Modesto police officer on duty in his patrol car in Modesto, noticed a 1967…