People v. David V.

The juvenile court sustained a petition charging David V. with possession of metal knuckles. On appeal, David argued that the bicycle footrest found in his pocket did not come within the statutory definition of “metal knuckles,” and even if it did there was no proof he possessed it with criminal intent. The Court of Appeal rejected these arguments, and affirmed. We reverse. A cylindrical object like the footrest in this case is not a device *25 “worn ... in or on the hand,” under the definition of “metal knuckles” provided in Penal Code section 12020, subdivision (c)(7).

I. BACKGROUND

Around 1:30 on the afternoon of August 21, 2007, a Los Angeles police officer stopped 14-year-old David for riding his bicycle without a helmet. During a consensual search the officer recovered a bicycle footrest from David’s pants pocket. The officer described this item as a hollow cylinder about three and one-half inches long. 1 In his experience with the gang detail, he had learned that such footrests were commonly used as brass knuckles, held in a closed fist and “used as an impact punching device.” The officer was unable to find a place where the footrest would attach to David’s…