In re S.D. CA5

FACTS

On May 25, 2011, during an investigation by Los Angeles police officers, appellant was found to be in possession of a dart that had been sharpened and its fins removed so it could be held as a knife. Appellant was on probation in a Kern County case at the time. On July 26, 2011, the district attorney filed a petition charging appellant with possession of a dirk or dagger. On August 7, 2012, the court held an adjudication hearing during which it also heard appellant‟s motion to suppress. At the conclusion of the hearing, the court denied appellant‟s motion to suppress, sustained the possession of a dirk or dagger charge, and transferred the case to the Kern County Superior Court. On August 16, 2012, the Kern County Superior Court accepted the transfer. On August 27, 2012, the court found appellant‟s offense to be a felony and it placed appellant on probation not to exceed his 21st birthday.

DISCUSSION

One of appellant‟s conditions of probation provided that “[The minor is] not to possess or use a weapon of any type, nor associate or initiate contact with anyone that he knows to be involved with or in possession of the same.” Appellant contends that this condition is…