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Description: Los Angeles, California criminal defense lawyer represented defendant charged with illegal possession of a firearm by a juvenile.


In March 2021, the Los Angeles County District Attorney filed a petition against J.S. under section 602 of the Welfare and Institutions Code[1] alleging one count of possession of a firearm. J.S., born in 2003, was 17 years old. At the time of the offense, J.S. was on probation on two prior petitions for second degree robbery (Pen. Code, § 211; March 2019 petition), first degree residential burglary (Pen. Code, § 459; April 2019 petition), and fleeing a pursuing police officer's motor vehicle while driving recklessly (Veh. Code, § 2800.2; April 2019 petition).

In May 2021, J.S. moved to suppress the firearm found on him during what he alleges was an unlawful patsearch. The prosecution opposed the motion.



At the May 2021 hearing on J.S.'s motion, the prosecution called Los Angeles County Sheriff's Detective Joseph Sanchez as a witness. Detective Sanchez testified that in February 2021, he began surveilling an Elantra and its driver as it was believed the car and the driver were involved a series of purse snatch robberies. On the afternoon of February 25, 2021, Detective Sanchez instructed Deputy Albert Murad to drive his marked patrol car into a grocery store parking lot where the Elantra was located.

The prosecution also called Deputy Murad as a witness. He testified his patrol car and the Elantra approached an intersection in the parking lot and stopped perpendicular to each other. Deputy Murad motioned with his hand for the Elantra to go. The Elantra hesitated, but then moved. Deputy Murad could not see the driver because the Elantra's windows were tinted in violation of Vehicle Code section 26708. Deputy Murad pulled the Elantra over for the window tint violation by activating his patrol car's lights. The Elantra went about 20 or 30 more feet, then pulled into a parking space.

Deputy Murad got out of his car, approached the Elantra, and knocked on the driver's side window. When the window rolled down, Deputy Murad immediately smelled a very strong odor of burnt marijuana. When Deputy Murad asked the driver if he was on parole or probation, the driver said he was on parole. Deputy Murad ordered the driver out of the car, conducted a patsearch, and placed him inside the patrol car.

Deputy Murad then went to the passenger side of the Elantra. The passenger window was rolled up. Deputy Murad opened the door and asked the passenger, J.S., if he was on parole or probation. J.S. said he was on probation, but did not identify the crime for which he was on probation. Deputy Murad admitted he did not know the conditions of J.S.'s probation.

Because J.S. was on probation and because of the smell of burnt marijuana, Deputy Murad asked J.S. to step out of the vehicle. J.S. complied. Once J.S. was out of the vehicle, Deputy Murad placed J.S.'s hands behind his back. Deputy Murad then "conducted a quick sweep of [J.S.'s] waistband" for officer safety. Deputy Murad testified he was concerned about his safety because the Elantra was being surveilled in connection with a robbery. Deputy Murad stated he was concerned the occupants were armed. While patting J.S. down, Deputy Murad felt a pistol grip in the front of J.S.'s waistband. Deputy Murad instructed J.S. not to move. J.S. complied. Deputy Murad took the firearm from J.S.'s waistband, placed J.S. in handcuffs, and arrested him.

Following the officers' testimony and argument by counsel, the juvenile court denied the motion to suppress. Thereafter, J.S. admitted the petition. The juvenile court sustained the petition, declared J.S. a ward of the court, and ordered him to remain on probation under the previously imposed conditions.

J.S. filed a timely notice of appeal from the denial of his suppression motion.
People v. J.S. (In re J.S.) (Cal. App. 2022)

Outcome: Affirmed.

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