California Court of Appeal

The juvenile court's dispositional order sustaining the allegations that the juvenile unlawfully possessed marijuana for sale and declaring him to be a ward of the court is reversed, where: 1) the juvenile was arrested without probable cause for violating Penal Code section 594.2(a) for possession of "a felt tip marker, or any other marking substance with the intent to commit vandalism or graffiti"; 2) the evidence obtained from the search of his bedroom constituted fruit of the poisonous tree; and 3) without the evidence obtained from the unlawful search of the juvenile's bedroom, the true finding on the allegations cannot be upheld.

Appellate Information

• Decided 03/26/2014
• Published 03/26/2014

Judges

• FYBEL

Court

• California Court of Appeal

Counsel