In Re Arturo D.

Good Law
77 Cal. App. 4th 160·91 Cal. Rptr. 2d 152
Court of Appeal of CaliforniaMarch 15, 2000A085945California4,121 words

Opinion

Opinion

POCHÉ, J.

Arturo D., a minor, appeals from a judgment declaring him a ward of the court within the meaning of Welfare and Institutions Code section 602 on findings that he committed misdemeanor violations by possessing a methamphetamine pipe (Health & Saf.Code, § 11364) and by being an unlicensed driver (Veh.Code, § 12500, subd. (a)). On appeal Arturo argues that his motion to suppress should have been granted under the rule prohibiting a search incident to traffic citation as set forth in Knowles v. Iowa (1998) 525 U.S. 113 , 119 S.Ct. 484 , 142 L.Ed.2d 492 (Knowles ). We reverse, but do so on the basis that the search here exceeded the scope of a search for registration documents.

The minor's motion to suppress (Welf. & Inst.Code, § 700.1) was heard at the outset of the jurisdictional hearing held December 21, 1998. At the hearing Officer Michael Rowe of the Suisun Police Department testified that at about 11:30 p.m. on August 26, 1998, he made a traffic stop of an extended cab pickup truck traveling some 73 m.p.h. in a 50 m.p.h. zone. Defendant was driving the truck, and there were two other young men in the car, one in the passenger seat and another stretched across the…

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