In Re Lisa G.

People v. Lisa G.

Good Law
125 Cal. App. 4th 801·23 Cal. Rptr. 3d 163
Court of Appeal of CaliforniaJanuary 10, 2005D044398California2,124 words

Opinion

Opinion

McDONALD, J.

On January 16, 2004, the District Attorney for the County of San Diego filed a wardship petition under Welfare and Institutions Code section 602 charging Lisa G., a minor, with one count of possession of a knife on school grounds (Pen. Code, § 626.10, subd. (a)) (count one) and one count of carrying a knife on her person (Pen. Code, § 653k) (count two). Lisa denied the allegations.

On April 28, 2004, the court denied Lisa’s motion to suppress evidence. Lisa then admitted the allegation as to count one, and the court granted the district attorney’s motion to dismiss count two. The court declared Lisa a ward of the court and placed her on probation for one year.

Lisa appeals the trial court’s denial of her motion to suppress evidence under Welfare and Institutions Code section 700.1. She contends: (1) her legitimate expectation of privacy was violated when her purse was searched by her teacher, (2) the search was not justified at its inception because the teacher did not have reasonable suspicion of wrongdoing, and (3) the evidence obtained from the unlawful search of her purse should be excluded as fruit of the poisonous tree.

FACTS

On September 22, 2003, Lisa began…

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