In re Rodrigo B. CA1/5

I. BACKGROUND

On July 30, 2013, Vacaville police responded to a report of possible drug dealing. Officers contacted Rodrigo and four other juveniles. Rodrigo was on probation, with search terms. After Rodrigo admitted that he had marijuana in his pocket, an officer retrieved a plastic container containing concentrated cannabis from Rodrigo’s pocket and arrested him. On August 15, 2013, Rodrigo admitted the allegations of an amended juvenile wardship petition charging a misdemeanor violation of Health and Safety Code section 11357, subdivision (a). At a contested jurisdiction hearing on September 18, 2013, the court received testimony concerning Rodrigo’s arrest on September 10, 2013. On that date, Vacaville police responded to a report of 10 subjects attacking a single person. At the scene, the victim’s mother told police that her son had been “jumped by Norteño gang members.” Rodrigo was observed in the vicinity wearing a shirt that had what appeared to be blood stains. Rodrigo was detained. While handcuffing another suspect, an officer observed Rodrigo’s left handing moving quickly near his left pocket. Forty yellow prescription pills and a clear plastic bag were then found…