In Re Justin B.

Justin B., a minor, appeals from the order of wardship (Welf. & Inst. Code, § 602), following his admission to having received stolen property (Pen. Code, § 496) as alleged in count 2 of the petition, and “suitable placement” for a confinement period not to exceed three years.

Appellant contends the court erred in denying his motion to suppress (Welf. & Inst. Code, § 700.1) the statements he made at the police station on the ground they were “illegally seized because there was insufficient probable cause to arrest him on the auto burglary [and receiving stolen property] charge[s] and the curfew violation did not authorize transporting him to the police station for questioning.”

Based on our review of the record and applicable law, we agree and reverse.

We hold that the mere presence of a passenger in a vehicle lawfully stopped for a traffic violation and which contained in plain view behind the driver’s seat personal property which possibly could have been stolen from unknown vehicles at some unspecified time does not constitute probable cause to arrest the passenger for vehicle burglary (§ 459) or receiving stolen property (§ 496).

We further hold that where a…