In re J.G.
Annotate this CaseOfficer Woelkers saw 15-year-old J.G. walking across a parking lot toward his brother, D.G. Woelkers parked his patrol vehicle, without turning on lights or siren, and “casually” approached the brothers. He was wearing his uniform. J.G. said they were going to a party. Officer Klier arrived in his patrol vehicle to “assist.” Woelkers asked D.G. for identification, and D.G. gave him a Honduran identification card. J.G. stated that he had no identification and gave a name. J.G. Woelkers ran a check and learned that no California driver’s license or identification card had issued to either boy. The boys consented to a pat-down and the officers found nothing illegal. Meanwhile, two more officers arrived, displaying a gun. J.G. agreed to a search of his backpack. Woelkers located a semiautomatic pistol inside. The D.A. filed a petition under Welfare and Institutions Code section 602(a) alleging felony possession of a concealed firearm by a minor. J.G. first admitted that allegation, then successfully moved to withdraw his plea, and moved to suppress the pistol from being introduced into evidence. The juvenile court denied the motion. The court of appeal reversed. The totality of the circumstances would have conveyed to a reasonable person—juvenile or adult—that he was not free to refuse the request. Woelkers clearly conveyed that he suspected the brothers of unlawful activity. He asked them whether they had anything “illegal,” conducted a records check, and searched them, physically restraining them, while the police presence and show of force grew.
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