In Re Joseph F.

Joseph F. appeals from orders declaring him a ward of the juvenile court and placing him on probation after the court sustained a petition (Welf. & Inst. Code, § 602) alleging he committed battery on a police officer and resisted arrest (Pen. Code, §§ 243, subd. (b), 148, subd. (a)). He contends there was insufficient evidence he committed the offenses and an insufficient basis for the gang-related conditions of his probation. We affirm.

Background

On February 25, 1998, Fairfield Police Officer Robert Salas was at the Golden West Middle School in Fairfield for a meeting with the school’s assistant principal, John Fink. Salas was the police resource officer assigned to the local school district, and as such it was his responsibility to provide a safe and secure environment for the district’s schools. Salas testified that at approximately 3:00 p.m. from inside a building he noticed appellant and Raymond G. outside near some classrooms in the “quad area” of the school campus. He reported this sighting to Fink, who went outside to investigate. Salas recognized appellant as a student at a nearby high school. Through the window, Salas saw Fink encounter appellant and Raymond.…

Concurring and Dissenting.—I would reverse the finding that appellant committed a battery on a police officer (Pen. Code, 1 § 243, subd. (b)) and violated section 148, subdivision (a)(1) (resisting arrest). In my view, there is insufficient evidence that Officer Robert Salas was acting lawfully at the time of the offense. Specifically, there were insufficient facts to justify detaining appellant. However, even if appellant’s detention was unlawful, he may be guilty of a simple battery, as the majority explains, where sufficient evidence supports the trial court’s implied finding that Officer Salas did not use excessive force in effectuating the detention. I concur in this analysis. I also concur with my colleagues’ analysis, contained in the unpublished portion of the majority opinion, of appellant’s challenge to the gang-related conditions of his probation.

*991 I.

Reasonable Suspicion of Criminal Activity

a. Specific Penal and Education Code Violations

The majority finds the detention of appellant lawful by characterizing it as “analogous to an ‘administrative search’ ” (maj. opn., ante, at p. 987, fn. 6) and therefore a permissible intrusion to foster the goal of deterring…

Certified for Partial Publication [1]

Joseph F. appeals from orders declaring him a ward of the juvenile court and placing him on probation after the court sustained a petition (Welf. & Inst.Code, § 602) alleging he committed battery on a police officer and resisted arrest (Pen. Code, §§ 243, subd. (b), 148, subd. (a)). He contends there was insufficient evidence he committed the offenses and an insufficient basis for the gang-related conditions of his probation. We affirm.

On February 25, 1998, Fairfield Police Officer Robert Salas was at the Golden West Middle School in Fairfield for a meeting with the school's assistant principal, John Fink. Salas was the police resource officer assigned to the local school district, and as such it was his responsibility to provide a safe and secure environment for the district's schools. Salas testified that at approximately 3:00 p.m. from inside a building he noticed appellant and Raymond G. outside near some classrooms in the "quad area" of the school campus. He reported this sighting to Fink, who went outside to investigate. Salas recognized appellant as a student at a nearby high school. Through the window, Salas saw…