In re A.L.
A.L. appeals from the juvenile court's order declaring him a ward of the court after sustaining an amended petition alleging he violated Penal Code[1] section 148, subdivision (a)(1) (resisting, delaying or obstructing a peace officer; count 1) and section 594, subdivision (a) (vandalism; count 2), and after making a true finding that A.L. committed the vandalism for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist criminal conduct by gang members in violation of section 186.22, subdivision (d).
A.L. contends the trial court erred when it found he resisted or obstructed a police officer in count 1 because the police officer who arrested him used excessive force and was therefore acting unlawfully. A.L. also contends the trial court erred when it denied his motion to suppress evidence stemming from his arrest on count 2 because the arresting officer only had probable cause to believe that A.L. committed a misdemeanor, not a felony, and therefore the arresting officer first had to obtain an arrest warrant because the crime was not committed in the officer's presence.
As we explain, we disagree with these contentions and affirm the order declaring A.L. a ward of the court.
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