In Re Anthony S.
People v. Anthony S.
Opinion
Opinion
Yegan, J.
The People appeal following dismissal of a Welfare and Institutions Code section 602 petition after a motion to suppress evidence
was granted. (Welf. & Inst. Code, § 700.1.) The petition alleged that Anthony S. unlawfully possessed a videocassette recorder (VCR) with an altered identification number, a short-barreled rifle, and a pistol without a serial number. (Pen. Code, §§ 537e, subd. (a), 12020, subd. (a), 12094.) The People contend that a “consent search term” condition of juvenile probation, standing alone, provides a constitutionally reasonable basis for the search of Anthony’s locked room. The California Supreme Court opinion in People v. Bravo (1987) 43 Cal.3d 600 [ 238 Cal.Rptr. 282 , 738 P.2d 336 ] dictates that the People’s contention is meritorious. We reverse.
Anthony was a member of the “Ventura Avenue Gangsters” gang and subject to a “consent search term” as a condition of an earlier declaration of wardship. The “consent search term” provided: “You shall submit to a search of your person, your residence, your vehicle or any personal or real property under your control, at any time, by a probation officer or any law enforcement officer with or without a…