People v. H.H.

Opinion

JONES, P. J.

Albany Police Officer Ted Allen was patrolling Albany in the late evening when he saw H.H. (the minor) riding a bicycle without proper lighting equipment in violation of the Vehicle Code. Allen detained the minor and asked him to “step from the bicycle.” Then he asked the minor to “take off the backpack that [the minor] had on.” As the minor took off his backpack, he said, “ ‘I’m not on probation.’ ” This caused Allen “to wonder why [the minor] would say that.” Then the minor said he did not give consent to search. Allen felt the minor’s comment regarding consent was “kind…