In Re D.C.

115 Cal.Rptr.3d 837 (2010)

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Nature of the Case

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Facts

Police originally went to the apartment to conduct a probation search relating to D's older brother, suspecting he might have been involved in local crimes. Officers obtained consent from D's mother to search the entire apartment. D objected and attempted to block the officers' entry, but he relented when his mother told him to “get out of the way.” During their search of D's bedroom, one of three in the apartment, the officers found some of the items reportedly taken in the burglary. By the time the officers completed their search of his bedroom, D was no longer outside the apartment. The juvenile court denied D's motion to suppress the evidence taken from his room and found the allegations of the petition to be true. The court continued D as a ward of the court and continued him on probation in the custody of his mother. D appealed.