In re Frank F. CA4/3
Frank F. (the minor) admitted committing vandalism and possessing graffiti tools. On appeal, the minor challenges the juvenile court’s order denying his motion to suppress evidence and the court’s order denying his Pitchess motion.
Given the totality of the circumstances, we conclude the minor’s encounter with the police was consensual and not a detention. The seizure of a spray paint can discarded by the minor was therefore not subject to Fourth Amendment scrutiny, and the juvenile court did not err in denying the motion to suppress. Having reviewed the sealed records of the juvenile court’s in camera hearing, we conclude those records do not establish that the court actually reviewed the documents in question. Therefore, we reverse and remand the matter for a new Pitchess motion hearing. If, after the hearing, the court determines there is no information to be disclosed to the defense, the adjudication and disposition order shall be reinstated.
Comments on In re Frank F. CA4/3