California Court of Appeal

In petition alleging counts of possession of marijuana and cocaine for sale by a minor, denial of defendant's motion to suppress evidence and a petition declaring him a ward of the state is reversed where: 1) the conduct of the police officers exceeded a reasonable detention under the circumstances; 2) defendant was under arrest at the time the officer asked for permission to search him; 3) there was no probable cause to arrest him at that time, his consent to the search was not voluntary; and 4) the evidence discovered as a result of the search must be suppressed.

Appellate Information

• Decided 08/28/2008
• Published 08/28/2008

Judges

• WILLHITE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Keith H. Borjon and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent.