In re Alfredo L. CA4/3

FACTS

One morning, police officer James Pietras and gang investigator Ryan Killeen were patrolling an area documented as FOLKS claimed gang territory when they saw minor. Minor was alone, riding his scooter on his way home. Pietras remembered he had completed a Street Terrorism and Enforcement and Prevention (STEP) card for minor, who had admitted he was a member of the FOLKS gang. When minor stopped next to the patrol car, Pietras asked if he was on probation and minor said he was. Minor initially denied possessing anything illegal on his person, but after consenting to a search, admitted having a knife under his shirt tucked into his waistband. Killeen removed a knife with a six-inch blade from minor’s waistband. Upon waiving his rights under Miranda v. Arizona (1996) 384 U.S. 436, 6478-479 [88 S.Ct. 1602, 16 L.Ed.2d 694], minor admitted he had been a FOLKS gang

2 member since the age of 13, and will be for life. He had gang tattoos, although they were not initially visible to Killeen, and the moniker of “Little Termite.” Minor said he had the knife because his gang was in a feud with another gang and several shootings had occurred between the two gangs. He knew possessing the…