In re Carlos H.

Filed 4/11/06 In re Carlos H. CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from an order of the Superior Court of Los Angeles County.

Steff Padilla, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Reversed.

Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters and Marc E. Turchin, Supervising Deputy Attorneys General, for Plaintiff and Respondent.

We reverse a juvenile court order declaring Carlos H. a ward of the court based on his possession of a controlled substance. The trial court should have granted his motion to suppress the evidence found in an illegal search.

FACTUAL AND PROCEDURAL BACKGROUND

In a petition under section 602 of the Welfare and Institutions Code, it was alleged Carlos violated Health and Safety Code section 11350, subdivision (a) by possessing a controlled substance. Carlos filed a motion to suppress any evidence of a bindle containing methamphetamine on the grounds that the evidence was obtained as a result of an illegal search and seizure under the Fourth Amendment to the United States Constitution.

A hearing was held on Carlos's motion to suppress. Martin Chavez, the only witness, testified that he was a safety officer for the school district Carlos attended. Chavez noticed Carlos walking out of class and â€