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Name: In re Antonio B.
Case #: B203662
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 08/28/2008
Summary

There was no probable cause to arrest a minor who was with friend arrested for smoking marijuana. Appellant minor, Antonio, was with a friend who was arrested for smoking a marijuana cigarette. The arresting officer handcuffed Antonio as well and asked for permission to search him. Antonio consented and the officer found illegal drugs. On appeal, Antonio contended that handcuffing under these circumstances was a de facto arrest without probable cause, and the drugs therefore had to be suppressed. The appellate court agreed and reversed. The conduct of the officers exceeded a reasonable detention under the circumstances, and Antonio was under arrest at the time of the search. Since there was no probable cause to arrest him, suppression of the evidence was required.