DERICK B. v. Superior Court

Opinion

HUFFMAN, Acting P. J.

In this proceeding, we determine that the juvenile court does not have the authority to impose a Fourth Amendment waiver as a condition of informal supervision under Welfare and Institutions Code 1 sections 654 and 654.2. Accordingly, we grant Derick B.’s petition for a writ of prohibition to vacate the Fourth Amendment waiver imposed as a condition of his informal supervision under section 654.2. 2

FACTUAL AND PROCEDURAL BACKGROUND

On March 9, 2009, the People filed a section 602 petition alleging that on November 8, 2008, 17-year-old Derick had unlawfully driven a…