In Re Timothy R.

1. Introduction

Shortly after 8 p.m. on Christmas Eve in 1986, a police officer saw Timothy R. (the minor), then fifteen years old, talking with three other youths for about five minutes in an open breezeway between two buildings in a shopping center in San Jose. Without speaking to them, the officer concluded they were not there to shop in any of the open stores, but were trespassing and loitering in disregard of posted notices and prior verbal warnings. The minor was arrested and charged with violating a municipal code section prohibiting trespassing on posted property. The juvenile court determined the minor to be a ward pursuant to Welfare and Institutions Code section 602. The minor was fined $25, ordered to spend four days in Juvenile Hall, ordered not to loiter at the shopping center, and put on probation for thirty days.

The minor appeals, raising a number of constitutional challenges to section 10.20.140 of the San Jose Municipal Code. We will reverse because the section is unconstitutionally vague.

2. Background

San Jose City Police Officer Loren Priddy regularly patrolled the shopping center in the late afternoon and evening hours. The shopping center…