People v. Samuel V.

On this appeal we determine Welfare and Institutions Code 1 section 625, subdivision (a) does not violate federal constitutional equal protection rights of a juvenile by allowing a peace officer to arrest juvenile misdemeanants solely on probable cause without a warrant or any requirement the offense be committed in the officer’s presence. In the underlying case in which this issue was presented, a supplemental petition was filed pursuant to section 602 alleging 14-year-old Samuel V. brandished a weapon in violation of Penal Code section 417, subdivision (a)(1), a misdemeanor, 2 and carried a concealed dirk or dagger in violation of Penal Code section 12020, subdivision (a), a felony. 3 After Samuel admitted the felony allegation, the juvenile court at the disposition hearing ordered him continued as a ward of the court 4 and detained in juvenile hall pending placement in a 24-hour school.

Samuel appealed, contending his warrantless arrest for the brandishing violated his equal protection rights under the federal Constitution because section 625, subdivision (a) eliminates, in the case of a juvenile, the “in the *514 presence of the arresting officer” requirement of…