In re Noah R. CA4/3

I. Introduction A wardship petition alleged in count 1 that Noah R. (the Minor) violated Penal Code section 452, subdivision (d) by unlawfully setting a fire at a Lamps Plus store on April 21, 2013 and alleged in count 2 that the Minor violated the same Penal Code section by unlawfully setting a fire at a Lamps Plus store on April 14, 2013. Pursuant to Welfare and Institutions Code section 700.1, the Minor moved to suppress evidence obtained from a search of his backpack and admissions he made to a police officer. After the juvenile court denied the motion to suppress evidence and admissions, the Minor admitted both counts of the wardship petition. The court declared the Minor to be a ward of the court and placed him on probation with various terms and conditions. In this appeal from the dispositional order, the Minor challenges the juvenile court’s order denying his motion to suppress evidence. We reverse the dispositional order. It is undisputed the police officer searched the Minor’s backpack without a warrant, based on the Minor’s consent. But when the Minor gave his consent to the search of the backpack and made admissions to the police officer, the Minor had been unlawfully…