In Re Charles C

People v. Charles C.

Good Law
76 Cal. App. 4th 420·90 Cal. Rptr. 2d 430
Court of Appeal of CaliforniaDecember 8, 1999G023963California2,880 words

Opinion

Opinion

Crosby, J.

The juvenile court found Charles C. possessed methamphetamine in violation of Health and Safety Code section 11377, subdivision (a) (see Welf. & Inst. Code, § 602). He claims the warrantless search of his person was illegal and substantial evidence does not support the trial court’s finding that there was probable cause to establish a curfew violation. We affirm.

I

On July 24, 1997, Orange Police Officer Raymond Schaffer received a call indicating juveniles were loitering in front of a Ralph’s supermarket on Chapman Avenue and might be soliciting others to buy alcohol for them. Schaffer saw Charles and another youth standing in front of the store around 12:45 a.m. He detained the minors to inquire into the situation. Another officer contacted four other youths gathered across the street. Two minors from the second group were brought over to Schaffer’s location, and he conversed with the quartet for approximately 20 minutes. Schaffer deduced the youths were under 18 years of age and arrested them for a curfew violation. He also concluded there was insufficient evidence to pursue a solicitation to purchase alcohol charge.

At Schaffer’s request a police dispatcher made…

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