People v. D.W. (In re D.W.)

*1251 In May 2016, we affirmed a judgment declaring D.W. a ward of the court for his commission of three firearm offenses. In doing so, we rejected his argument that a search of his person was invalid under the Fourth Amendment because it did not properly fall within the exception to the warrant requirement for a search incident to an arrest. Our Supreme Court granted review and held the case pending its consideration and disposition of People v. Macabeo (2016) 1 Cal.5th 1206 , 211 Cal.Rptr.3d 34 , 384 P.3d 1189 ( Macabeo ). Once it decided that case, the court transferred this one back to us for reconsideration in light of Macabeo . No party filed a supplemental brief within the time allowed following transfer from the Supreme *334 Court. ( Cal. Rules of Court, rule 8.200(b).) We now reverse.

I. BACKGROUND

On the afternoon of January 12, 2015, San Francisco police officers Solares, Ochoa, and Johnson were on patrol in the area of Palou Avenue and Newhall Street in response to a broadcast that someone in the area might have a firearm. They saw five to eight individuals, most of whom they knew to have gang associations, standing on the corner of Palou and Newhall, in a rival gang…