In re Johnny C.
In December 2011, a petition was filed alleging that Johnny C., a minor (17 years old at the time of the petition’s filing), came within the provisions of Welfare and Institutions Code section 602. The petition charged the minor with four counts, namely, carrying a concealed firearm in a vehicle, possession of a firearm, removal of identifying marks on a firearm, and operating a motor vehicle without a license. The minor filed a motion to suppress evidence under Welfare and Institutions Code section 700.1, which was denied. Pursuant to the People’s motion, the court dismissed one count and amended another count. After the minor admitted count 4—operation of a motor vehicle without a license—the court sustained the petition as to that count, dismissed the two remaining counts, declared the minor to be a ward of the court, and placed him on probation for 24 months under various terms and conditions.
The minor claims on appeal that the court erred in denying the suppression motion. He argues that the officer did not have sufficient objective facts to support a reasonable suspicion justifying the minor’s detention. He also asserts a series of challenges to seven of the probation conditions imposed by the court, including claims that some conditions are vague and overly broad in violation of due process under the Fourteenth Amendment of the United States Constitution. We conclude that the court did not err in denying the suppression motion. We agree that some of the probation conditions should be modified. We will therefore order the conditions modified as indicated below and will affirm the dispositional order as so modified.
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