In Re Eskiel S.

Appellant was adjudicated a ward of the court (Welf. & Inst. Code, § 602) and placed on probation after the juvenile court found true allegations that appellant had resisted arrest (Pen. Code, § 148) and possessed cocaine (Health & Saf. Code, § 11351). Appellant asserts that he was unlawfully detained without reasonable suspicion. He therefore claims that (1) there was insufficient evidence to support a finding that he resisted arrest, and (2) his suppression motion should have been granted. We agree.

Where the facts bearing on the legality of a detention are undisputed, as they are in this case, the appellate court is faced with a question of law. (People v. Aldridge (1984) 35 Cal.3d 473, 477 [ 198 Cal.Rptr. 538 , 674 P.2d 240 ].) We independently measure the undisputed facts against constitutional standards to determine the legality of the detention. (Ibid.) “[I]n order to justify an investigative stop or detention the circumstances known or apparent to the officer must include specific and articulable facts causing him [or her] to suspect that (1) some activity relating to crime has taken place or is occurring or about to occur, and (2) the person he [or she] intends…