In re Alejandro J.
A Welfare and Institutions Code section 602 petition[1]alleged then 16-year-old Alejandro J. had committed felony possession of a deadly weapon (a billy club), (Pen. Code, 12020, subd. (a)(1)) (count 1) and misdemeanor evasion of paying railroad fare (Pen. Code, 587c) (count 2).
Alejandro J. denied the allegations and filed a motion to suppress evidence ( 700.1). According to the hearing evidence, Alejandro J. was found to be riding the public transit system without having purchased a ticket. The fare inspector detained him on the platform to issue him a citation. Alejandro J. became belligerent and combative. He contested the citation and initially resisted being handcuffed by the fare inspector. When asked, before being handcuffed, if he possessed any weapons, Alejandro J. said he had a hammer for protection, which the fare inspector removed from his waistband.
The order under review is affirmed.
Comments on In re Alejandro J.