ABDULLAH B. v. Superior Court

Good Law
135 Cal. App. 3d 838·185 Cal. Rptr. 784·1982 Cal. App. LEXIS 1961
Court of Appeal of CaliforniaSeptember 16, 1982Docket Nos. A016716, A017368California2,148 words

Opinion

Opinion

Barry-Deal, J.

These two petitions, brought by juveniles from two different counties, challenge rulings made on their motions to suppress evidence. We do not reach the merits of either petition because we conclude that a juvenile is not entitled to pretrial review of a suppression ruling made by the juvenile court. While we have not formally consoli dated these two petitions, we dispose of them in the same opinion because the same reasoning applies to both.

The facts of these two cases are not important to our decision. It is sufficient to state that after arraignment in juvenile court on a petition charging burglary and receiving stolen property, each juvenile moved to suppress evidence pursuant to Welfare and Institutions Code section 700.1. After denial of the motions, each juvenile petitioned this court for a writ, citing as authority Penal Code section 1538.5. We issued alternative writs and solicited briefing on the propriety of pretrial review.

Welfare and Institutions Code section 700.1, added by Statutes 1980, chapter 1095, section 2, page 3511, specifically authorizes a juvenile to move to suppress evidence which might be used against him, stating as follows: “Any motion to…

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