In Re Humberto O.

Introduction

The People appeal from the judgment dismissing with prejudice the petition (Welf. & Inst. Code, § 602) filed against defendant Humberto O., after the trial court granted defendant’s motion to suppress (Welf. & Inst. Code, § 700.1) a dagger found during the search of his backpack. We hold that the search of the backpack worn by defendant at the time of his arrest under Education Code section 48264 for truancy was lawful because it was incident to defendant’s arrest. Accordingly, we reverse the judgment.

Factual and Procedural Background

On February 26, 1998, at 9:15 a.m., three Los Angeles Police Officers who were on juvenile patrol in Hollywood saw defendant walking down the street several miles from Hollywood High School. Suspecting defendant was a truant because of his youthful appearance, backpack, proximity to a school during school hours, the officers stopped him. Defendant told the officers that he attended Hollywood High School. Familiar with the Los Angeles Unified School District’s track system, the juvenile duty officers ascertained that defendant was “on track,” which meant that he was supposed to be in school at the time he was stopped. The…