In re E.R. CA2/2

FACTS AND PROCEDURAL HISTORY

E.R. is a 12-year-old male who attends a middle school in Lakewood, California. A security guard responding to a report of excessive noise found E.R. and a friend on school property after their classes for the day were over. The guard ordered them onto her golf cart so they could be taken to the principal’s office. She noted that E.R. was “extremely nervous” and repeatedly asserted that he was “going to get in trouble.” When they arrived at the principal’s office, E.R. became increasingly agitated—crying and repeatedly stating, “I know I am going to get into trouble.” Both the guard and the assistant principal asked E.R. to hand over the backpack he was carrying, but E.R. refused both requests. The assistant principal asked him to show what was in his backpack, but E.R. refused that request as well. The assistant principal then asked E.R. to empty his backpack and E.R. only partially complied. Eventually, E.R. handed over his backpack, and the assistant principal went through it and found a knife. The People filed a petition against E.R. under Welfare and Institutions Code section 602 alleging a single count of possessing a weapon on school grounds…