In re Pedro G. CA4/3

FACTS

On January 25, 2008, an Orange County Superior Court judge issued a permanent injunction (the Injunction) against the “Varrio Chico” criminal street gang (Varrio Chico). The Injunction prohibits Varrio Chico gang members from associating with other Varrio Chico gang members and associates of Varrio Chico in the “Safety Zone” identified in the Injunction. The Safety Zone is Varrio Chico‟s claimed territory in the City of San Clemente. On May 12, 2011, Orange County Deputy Sheriff Ashraf Abdelmuti served Pedro and his parents with the Injunction and explained the Injunction to him. Pedro was not named in the Injunction but was served as a “person[] acting under, in concert with, for the benefit of, at the direction of, or in association with” any of the named gang members. Abdelmuti also served another known Varrio Chico gang member with the Injunction. On May 27, 2011, Abdelmuti saw Pedro in front of a liquor store within the Safety Zone with another known Varrio Chico gang member, who had also been served with the Injunction. Abdelmuti arrested Pedro for violating the Injunction. On September 9, 2011, Abdelmuti saw Pedro standing on a street corner within the Safety Zone…