In Re Rudy F.

People v. Rudy F.

Good Law
117 Cal. App. 4th 1124·12 Cal. Rptr. 3d 483·2004 Cal. App. LEXIS 575·2004 Cal. Daily Op. Serv. 3447
Court of Appeal of CaliforniaApril 21, 2004B166700California4,604 words

Opinion

Opinion

Boren, J.

Rudy E,a minor, appeals from the order declaring him a ward of the court (Welf. & Inst. Code, § 602) upon a finding that he received stolen property (Pen. Code, § 496, subd. (a)) and gave false information to a peace officer (Pen. Code, § 148.9, subd. (a)), based upon his admission entered after denial of his motion to suppress evidence under Welfare and Institutions Code section 700.1. The juvenile court committed appellant to the custody of the probation officer for placement in the Community Camp Placement Program for a period of four months. Appellant contends that the juvenile court erroneously denied his motion to suppress evidence obtained during a search of his residence.

Appellant lived with his sister in her house in Palmdale. Sheriff’s deputies searched the house and found guns and ammunition hidden under a mattress in the sister’s bedroom. The trial court found that consent for the search was not voluntary, and that ruling is not challenged on appeal. But the trial court also ruled that appellant had no legal standing to contest the search of his sister’s bedroom. We hold that appellant, as a resident of the family dwelling, had a legitimate expectation of…

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