DERICK B. v. Superior Court

In this proceeding, we determine that the juvenile court does not have the authority to impose a Fourth Amendment waiver as a condition of informal supervision under Welfare and Institutions Code sections 654 and 654.2. Accordingly, we grant Derick B.’s petition for a writ of prohibition to vacate the Fourth Amendment waiver imposed as a condition of his informal supervision under section 654.2.

FACTUAL AND PROCEDURAL BACKGROUND

On March 9, 2009, the People filed a section 602 petition alleging that on November 8, 2008, 17-year-old Derick had unlawfully driven a vehicle while under the influence of an alcoholic beverage and a drug and under their combined influence (Veh. Code, § 23152, subd. (a); count 1, a misdemeanor), had unlawfully driven a vehicle while having a blood-alcohol content of 0.08 percent or more (Veh. Code, § 23152, subd. (b); count 2, a misdemeanor), had driven a vehicle while being a person under the age of 21 who had a blood-alcohol content of 0.05 percent or more (Veh. Code, § 23140, subd. (a); count 3, an infraction), and had driven a vehicle while being a person under the age of 21 who knowingly possessed and carried an alcoholic beverage within…