In re J.S. CA1/5

Good Law
Court of Appeal of CaliforniaDecember 30, 2014A140137California4,153 words

Opinion

Opinion

Needham, J.

I. FACTS AND PROCEDURAL HISTORY

In July 2013, a petition filed under Welfare and Institutions Code section 602 alleged that J.S., age 17, committed two counts of armed robbery. (Pen. Code, § 211.)

A. J.S.’s Motion to Suppress Evidence J.S. filed a motion to suppress evidence of an in-field show-up and identification, as well as observations made by police after he was detained, on the

1 ground that the police lacked reasonable suspicion to detain him and probable cause to arrest. (Welf. & Inst. Code, § 700.1.) The evidence admitted at the suppression hearing including the following.

1. The Armed Robbery In the afternoon of July 14, 2013, victims Andrew, Reid, Alyssa, and Ashley were walking on a pedestrian bridge that crossed over Air Base Parkway (Air Base) in Fairfield. As they came off the bridge and proceeded into an aqueduct to view graffiti, they were glared at by two Black teenagers who had just run across Air Base from the Parkway Gardens housing complex. When Andrew led his three friends back out of the aqueduct, he “got hit with one side of a weapon across [his] eye.” A robber with a short “buzz cut” hairstyle pointed a gun in Andrew’s face, which was gushing blood,…

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