In re Juan A. CA4/1

INTRODUCTION

Patdown searches of two juveniles, Juan A. and Gabriel M., revealed each of them was carrying a concealed firearm. Delinquency petitions were filed against Juan and Gabriel, and each of them filed a motion to suppress challenging the justification for the searches. The juvenile court denied their motions to suppress. Each juvenile was then adjudged a ward of the court

(Welf. & Inst. Code,1 § 602) after admitting one count of unlawful possession of a concealable firearm (Pen. Code, § 29610).

All further undesignated statutory references are to the Welfare and Institutions Code.

2 On appeal, Juan and Gabriel challenge the juvenile court’s denial of

their motions to suppress.2 We conclude the police officers who conducted the patdown searches did not violate Juan’s or Gabriel’s rights under the Fourth Amendment to the United States Constitution. The court’s ruling on the suppression motions was therefore not erroneous. We affirm the judgment entered against Gabriel. We reverse the dispositional order entered against Juan and remand his case so the sentencing judge can expressly declare whether his firearm offense is a felony or a misdemeanor as required by…