In re J.G.

People v. J.G.

Good Law
175 Cal. Rptr. 3d 183·2014 Cal. App. LEXIS 673·228 Cal. App. 4th 402·2014 WL 3686362
Court of Appeal of CaliforniaJuly 25, 2014A139869California3,966 words

Opinion

Opinion

Humes, J.

J.G. challenges juvenile court orders finding that he committed felony possession of a concealed firearm and sentencing him to an unlocked facility for boys. He claims that the court improperly denied his motion to suppress the firearm from being introduced into evidence. We agree and therefore reverse the judgment.

I.

Factual and Procedural Background

The relevant facts are undisputed. On January 7, 2012, around 8:45 p.m., Officer Steven Woelkers was driving his patrol car in Daly City when he saw 15-year-old J.G. walking across a parking lot toward D.G., who is J.G.’s brother. J.G. was carrying a backpack. Officer Woelkers parked his patrol vehicle, without turning on its lights or siren, and “casually” approached the brothers. He had decided to initiate “a consensual encounter” with them because he “stop[ped] and talk[ed] to people all the time” on his beat. He was wearing his uniform.

Officer Woelkers asked the brothers if he could speak to them, and J.G. responded, “[Yjeah.” Officer Woelkers “made casual conversation . . . [and] asked [the brothers] what they were up to.” J.G. said they were going to a party. Less than a minute after Officer Woelkers started the…

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