In Re Arthur J.

People v. Arthur J.

Good Law
193 Cal. App. 3d 781·1987 Cal. App. LEXIS 1937·238 Cal. Rptr. 523
Court of Appeal of CaliforniaJuly 17, 1987B018622California2,513 words

Opinion

Opinion

Woods, J.

Arthur J., a minor, appeals from the juvenile court order which declared him a ward of the court following denial of his motion to suppress evidence. We find that the evidence introduced against appellant was the fruit of an illegal arrest, and therefore reverse.

A juvenile court petition, filed on September 5, 1985, alleged that appellant should be made a ward of the court pursuant to Welfare and Institutions Code section 602 for possession of cocaine (Health & Saf. Code, § 11350) and possession of not more than 28.5 grams of marijuana (Health & Saf. Code, § 11357, subd. (b)). A separate petition, filed September 26, 1985, alleged that he had possessed a sawed-off shotgun and carried a loaded firearm on a different date. (Pen. Code, §§ 12020, subd. (a), 12031, subd. (a).) Appellant unsuccessfully moved to suppress evidence regarding the September 5 petition. Both petitions were found true, and he was placed home on probation. This appeal is limited to the legality of the arrest involved in the September 5 petition.

The evidence at the motion to suppress evidence was as follows: At 5:45 a.m. on June 16, 1985, Compton Police Officer Howard Coolidge observed appellant and…

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