In Re Luke W.

People v. Luke W.

Good Law
105 Cal. Rptr. 2d 905·2001 Cal. App. LEXIS 300·2001 Daily Journal DAR 3969·88 Cal. App. 4th 650·2001 Cal. Daily Op. Serv. 3233
Court of Appeal of CaliforniaApril 23, 2001A090906California2,361 words

Opinion

Opinion

Jones, J.

Luke W. appeals from an order sustaining a supplemental petition (Welf. & Inst. Code, § 602) that alleged he possessed a concealed dirk or dagger. (Pen. Code, § 12020, subd. (a).) He contends the knife found in his possession is not a statutorily prohibited dirk or dagger.

Background

Appellant was declared a ward of the juvenile court and placed on probation under home supervision after the court sustained a petition alleging he possessed marijuana for sale and possessed psilocybin.

Four months later Lafayette Police Officer Dan Hoffman saw appellant walking in the company of a man Hoffman knew to be on parole. Hoffman knew appellant and knew he was on probation and subject to a search condition. He stopped appellant and asked if he possessed any illegal substances or weapons. Appellant replied he did not. Hoffman searched appellant and found a small, rectangular object in appellant’s pocket. It resembled a thick credit card and contained knobs and grips. When Hoffman pulled on one of the grips, a knife “came out.”

Hoffman asked appellant why he was carrying the object. Appellant replied, “Well, you never know what can happen; it’s for my protection.”

Appellant…

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