In Re Lavoyne M.

The district attorney filed a petition in juvenile court alleging that minor, Lavoyne M., possessed a controlled substance, rock cocaine, for sale (Health & Saf. Code, § 11351) and requesting that minor be ad judged a ward of the juvenile court pursuant to Welfare and Institutions Code section 602. Minor was on probation from a previous petition at the time of the offense. The court denied minor’s motion to suppress evidence (Pen. Code, § 1538.5), and found the allegation of the petition as amended to possession of cocaine (Health & Saf. Code, § 11350) to be true. The court determined that minor came within Welfare and Institutions Code sections 602 and 777, subdivision (a) and set the maximum period of confinement at five years and eight months. On appeal minor contests the denial of his motion to suppress evidence.

Facts

Officer Wilson was dispatched to investigate a blue Cadillac. He noticed a black Cadillac sliding sideways slightly as it turned and suspected it was the vehicle he was dispatched to investigate. Wilson followed the Cadillac and noticed that it failed to stop at a stop sign. Wilson requested assistance from Sergeant Poyzer who followed the Cadillac as…