People v. Frank V.

Good Law
1991 Cal. App. LEXIS 1005·233 Cal. App. 3d 1232·285 Cal. Rptr. 16·91 Daily Journal DAR 10786·91 Cal. Daily Op. Serv. 7120
Court of Appeal of CaliforniaAugust 30, 1991No. G009810California3,315 words

Opinion

Lead Opinion

Wallin, J.

Frank V. appeals the judgment declaring him a ward of the court, contending the trial court improperly denied his motion to suppress *697 evidence and restricted his right to association by imposing an overbroad condition of probation. We affirm.

About 9:45 p.m., Officers Michael Luke and Gary Kirby were dispatched to investigate a report of reckless motorcycle driving on a street in an active gang area. There was no traffic when the officers arrived, but Officer Luke noticed a motorcycle pulling away from the curb in front of a house known for gang activity. The officers made a U-turn, intending to make a traffic stop. As soon as they turned the motorcycle pulled to the curb, even though the officers did not use their overhead lights or siren or signal in any other fashion.

As the officers approached the motorcycle, the driver held out what appeared to be a driver’s license in his left hand. Frank, the passenger, was looking straight ahead with both hands in the front pockets of a bulky leather jacket. On Officer Luke’s order, Frank took his hands out of his pockets. When he tried to put them back in, Luke told him to keep them out. Officer Luke did a patdown search…

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