In re Destany H. CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

At around 4:00 p.m. on December 2, 2013, the manager at a large apartment

complex became aware that the complex's fire alarms had been activated.2 A

maintenance supervisor investigated and gave the apartment manager a description of the

1 Unless otherwise indicated, all further statutory references are to the Penal Code.

2 The juvenile court ruled on the motion to suppress after all of the evidence was presented at the contested dispositional hearing. We accordingly rely on all of the evidence at the contested dispositional hearing in determining whether the juvenile court properly denied the motion to suppress.

2 suspect. The apartment manager located Destany in the alley near the complex and

determined that she met the description given by the maintenance supervisor. The

manager followed Destany and confronted her about setting a fire at the complex.

Destany walked away from the manager, who called the police and continued to follow

Destany.

When Officer Samuel Hay arrived, he saw Destany walking along the sidewalk on

a public street while holding a lemon. Officer Hay said to Destany, "Hey, I'd like to…