In re D.B.


Filed 3/9/11 In re D.B. CA1/3


NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re D.B., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, Plaintiff and Respondent, v. D.B., Defendant and Appellant.	A128529 (Sonoma County Super. Ct. No. 36219J)

INTRODUCTION
D.B. appeals from an order sustaining a wardship petition pursuant to Welfare and Institutions Code section 602, based on the finding that he committed the misdemeanor offense of possessing a switchblade knife in a public place (Pen. Code, § 653k). He challenges the juvenile court's denial of his motion to suppress the evidence pursuant to Penal Code section 1538.5. We agree that the motion to suppress should have been granted and therefore shall reverse.
STATEMENT OF FACTS
On September 4, 2009, at approximately 6:00 p.m., California Highway Patrol Officer William Harm was patrolling the Santa Rosa Transit Mall as he often did due to the frequent presence there of members of the Norteños street gang, recognizable by their red attire. Harm observed a group of between 12 and 15 people, mostly juveniles, dressed in â€