In re Brad S

Filed 4/5/06 In re Brad S. CA1/1

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California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

Appellant Brad S., a minor, was charged with obstructing a police officer in the performance of his duties after he refused to cooperate with the investigation of an assault. Appellant moved to suppress evidence, contending that he was unlawfully detained by a deputy sheriff in his home. After the juvenile court denied the motion, appellant admitted the charges. We affirm.

I. BACKGROUND

Appellant was charged in a juvenile wardship petition with one misdemeanor count of obstructing or resisting an officer in the performance of official duties. (Pen. Code, § 148, subd. (a)(1).) He moved to suppress evidence of his conduct at the time of his arrest pursuant to Welfare and Institutions Code section 700.1, arguing that the evidence was obtained pursuant to an unconstitutional detention.

At the hearing on the motion to suppress, the arresting officer, Deputy Sheriff Kevin Cotroneo, testified that on October 8, 2004, he and another deputy went to a unit in an apartment building in Ukiah in response to a claim of assault. The victim told Deputy Cotroneo that the persons who assaulted him lived in apartment Nos. 23 and 25. The two deputies went to apartment No. 23 to investigate. After appellant's mother answered their knock, they asked to speak with appellant, whose manner of dress fit that of the alleged assailants. â€