In re C.C. CA1/4
Opinion
Opinion
Streeter, J.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. Wardship and Terms of Probation Appellant was declared a ward of the juvenile court on May 8, 2014, after the court sustained misdemeanor charges from multiple petitions filed pursuant to Welfare and Institutions Code section 602.1 On that same date, he was placed on in- home probation. As one of the conditions of probation, appellant was prohibited from using, possessing, or being under the influence of any alcohol. On June 19, 2015, the San Mateo County District Attorney filed a notice of probation violation pursuant to section 777, subdivision (a). The notice alleged appellant violated the terms of his probation by consuming alcohol on June 13, 2015. Appellant sought to defend against this section 777 charge by moving under Penal Code section 1538.5 to suppress evidence gathered by the police in connection with his detention and arrest on the day he was allegedly found intoxicated. The evidence adduced by the parties at the motion to suppress hearing was, respectively, as follows. B. The Prosecution’s Case At 7:00 p.m., on June 13, 2015 Officer Brian Blake, a South San Francisco police officer and a member of the San Mateo County Gang…