In Re Victor B.

Victor B. was declared a ward of the court (Welf. & Inst. Code, § 602) after being found in possession of a dirk or dagger in violation of Penal Code section 12020, subdivision (a). [1] He contends the trial court erred in admitting his statement to police that he carried the instrument for "protection" because he had not been advised of his Miranda [2] rights. He also contends that as a matter of law the object was not a dirk or dagger. We affirm.

Orange County Sheriff Deputy Jimmy Rubio investigated a complaint that a group of boys were on a bike path throwing rocks at passing vehicles. He saw five male youths on the bike trail whom he recognized as gang members. They were walking quickly away from the street towards a housing tract when Rubio ordered them to stop.

In a patdown search of Victor, Rubio found an object in his left rear pocket. The object, a photocopy of which is attached as appendix "A," consists of 2 three-and-one-half-inch pieces with 1 piece fitting inside the other. The assembled object has finger grips and is five and three-quarter inches long, including a metal point of one and three-eighths inches. Rubio asked Victor why he carried…