In re Miguel B. CA4/3

FACTS

1. The scene of the crime. Santa Ana Detective Rashad Wilson testified that early one afternoon, he and Justo Capacete, also a Santa Ana detective, observed minor and a companion, Jario E. in the alley behind an apartment complex. The two boys were about three feet from each other. Jario was getting the attention of drivers of passing cars by whistling or by waving his hands. When a car stopped, Jario would waive minor over to the car, whereupon minor approached the driver’s side of the car. Wilson then observed an exchange of money for a baggie containing an off-white substance between minor and the car’s driver. Thereafter, the car would leave. While these transactions took place, other people and other cars were present in the alley. As discussed below, the site of this surveillance was undisclosed, but Wilson testified he and Capacete were about 25 yards from the transactions. The weather

2 was clear and Wilson claimed nothing obstructed his view. About 20 minutes after starting the surveillance, the detectives drove their police car into the alley toward minor and Jario. While doing so, Wilson lost sight of the two boys. When he next saw Jario, the latter yelled…