H.H.

Albany Police Officer Ted Allen was patrolling Albany in the late evening when he saw H.H. (the minor) riding a bicycle without proper lighting equipment in violation of the Vehicle Code. Allen detained the minor and asked him to “step from the bicycle.” Then he asked the minor to “take off the backpack that [the minor] had on.” As the minor took off his backpack, he said, “ ‘I’m not on probation.’ ” This caused Allen “to wonder why [the minor] would say that.” Then the minor said he did not give consent to search. Allen felt the minor’s comment regarding consent was “kind of a warning flag as to why someone would say something like that.” At that point, Allen became concerned the minor may have had a weapon on his person. Allen patsearched the minor and found a loaded revolver in his jacket.

The juvenile court denied the minor’s motion to suppress and he admitted misdemeanor possession of a deadly weapon (Pen. Code, § 12020). 1 At the dispositional hearing, the court adjudged the minor a ward of the court and placed him on probation. On appeal, the minor contends the court erred in denying his motion to suppress because Allen did not have reasonable suspicion to believe…