In re Chris G. CA2/3
Minor Chris G. (the minor) appeals from the judgment of wardship (Welf. & Inst. Code, § 602) entered following a determination that he was a minor in possession of a firearm (Pen. Code, § 29610), a felony. Pertinent here, the juvenile court’s determination followed the denial of the minor’s motion to suppress evidence (the firearm) obtained during a warrantless search of his backpack. Appellate counsel filed an opening brief in which he raised no issues (People v. Wende (1979) 25 Cal.3d 436), and we requested briefing on the validity of the search.
The minor now contends the court erred in denying his motion to suppress evidence under Terry v. Ohio (1968) 392 U.S. 1, 24 (Terry), as the deputies had no reasonable basis to believe he was armed and, even if they did, plainly exceeded the scope of a Terry “stop and frisk” when they searched his backpack after removing it from his person. The People impliedly concede the search was not valid under Terry, and argue instead that
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