In re S.G. CA4/2

FACTS AND PROCEDURE

On November 24, 2012, Fontana Police Officer Coillot and his partner stopped at

a convenience store to get a drink. As they were outside the store talking, they observed

minor leaving the store. Minor was wearing a backpack with what appeared to be graffiti

written on it. As minor walked out of the store, Officer Coillot said something to minor

like, “what’s up” and asked what was written on his backpack. Minor replied, “‘Resto.’”

Officer Coillot then asked minor if he was a tagger, to which minor responded, “I used to

tag.” At that point, the officer detained minor by asking him to sit down on the curb.

Officer Coillot entered the name “Resto” into a graffiti tracking website on his

smart phone. Within two minutes, the officer pulled up four digital photographs of

graffiti within the last year containing the name “Resto.” Officer Coillot showed the

photographs to minor, who admitted that two of the photographs “were his.”

1 All section references are to the Welfare and Institutions Code unless otherwise indicated.

2 The officer and his partner then arrested minor and took him to the police station.

After being advised of his Miranda2 rights,…