In Re Lennies H.

People v. Lennies H.

Good Law
126 Cal. App. 4th 1232·2005 Cal. App. LEXIS 244·2005 Daily Journal DAR 1955·25 Cal. Rptr. 3d 13·2005 Cal. Daily Op. Serv. 1468
Court of Appeal of CaliforniaJanuary 19, 2005A106010California2,691 words

Opinion

Opinion

Sepulveda, J.

The minor Lennies H. appeals from the jurisdictional and dispositional findings of the Solano County Juvenile Court, adjudging him to be a ward of the court in connection with one count of felony carjacking. The minor’s sole contention on appeal is that the juvenile court erred in denying his motion to suppress because the search of his pocket, revealing the car keys from the stolen vehicle, exceeded the scope of a patsearch permitted by Terry v. Ohio (1968) 392 U.S. 1 [ 20 L.Ed.2d 889 , 88 S.Ct. 1868 ], We affirm.

BACKGROUND

On October 23, 2003, at approximately 8:45 p.m., Adam Allen was standing near his vehicle in the Four Oaks area of Sacramento, when two people approached him from behind. One person put a gun to his head and said, “Don’t move.” The second person removed Allen’s car keys from his pocket; a third person was also present. After his car keys were taken, Allen was told to get on the ground and the three people left in his vehicle, a burgundy Chevrolet TrailBlazer with gold trim bearing the license plate No. 4UIT448. Allen reported the incident to the Sacramento Police Department.

On October 24, 2003, at approximately 3:30 p.m., Corporal John Garcia of…

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