In Re Joshua J.

Are juveniles protected by the same rule of law protecting similarly situated adults: that an otherwise unlawful search may not be justified by the circumstance that the suspect was subject to a search condition of which the searching officers were totally unaware?

Joshua J., the appellant, contends the juvenile court erred in denying his suppression motion because recent California Supreme Court opinions espousing the above stated rule undermine In re Tyrell J. (1994) 8 Cal.4th 68 [ 32 Cal.Rptr.2d 33 , 876 P.2d 519 ]. We agree with Joshua and will reverse.

FACTS AND PROCEEDINGS

Fresno Police Department Sergeant Danny Edwards was patrolling the area of Calaveras and McKenzie Streets at 6:00 p.m., on July 5, 2004. The area is a high-crime neighborhood. Edwards saw Joshua and a companion walking down Calaveras Street. Edwards thought Joshua might be a person wanted on a felony warrant. Edwards had been in contact with that person, an adult, two weeks earlier. Edwards initially saw Joshua from 60 to 70 feet away and believed he was the wanted person based on his height, weight, and complexion.

Edwards made a U-turn in his patrol car and drove back to Joshua’s location.…