In Re Demetrius A.

Following the denial of his motion to suppress evidence, Demetrius A., a juvenile, admitted that he had possessed a controlled substance, cocaine, in violation of Health and Safety Code section 11350. He was thereafter adjudged a ward of the court for a maximum period of three years.

Defendant appeals from the judgment declaring him a ward of the court. The following issues are raised:

We conclude that the seizure in question was not unlawful and the motion to suppress was properly denied.

At approximately 1 a.m., a police officer, who had earlier told defendant to go home because it was past curfew, noticed him again, standing outside an apartment complex. The officer became suspicious that a burglary might be in progress or had just been completed, or that defendant might be engaged in some form of malicious mischief. He briefly questioned defendant and then arrested him for prowling. The officer intended to place defendant in the patrol car, take him home, and release him to his parents. He handcuffed him and searched him, discovering cocaine in one of defendant’s pockets. Defendant was thereafter charged with the possession of cocaine.

Prior to the passage of…