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Name: In re J.G.
Case #: G042533
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/06/2010
Summary

Probable cause to arrest does not require mathematical precision. It requires only circumstances which a reasonably prudent man would find warrant suspicion. Police were investigating the report of a gang-related crime when they saw appellant and three other boys running down the street. Police heard one of the boys yell, “He’s over there.” And one of the officers, who recognized appellant and knew him to be an admitted gang member, saw him carrying a brick. Police believed the boys were chasing someone, so they followed the boys and arrested them. Police questioned appellant and he made an incriminating statement. After the denial of his motion to suppress, appellant admitted possessing a deadly weapon with the intent to commit assault. (Pen. Code, sec. 12024.) He appealed the denial of the motion to suppress, alleging he was arrested without probable cause. The court found the police had probable cause to arrest for the crime charged. Viewed collectively, the facts known to the officers suggested the boys intended to use their rudimentary weapons to harm someone. The possibility that there was an innocent explanation for the conduct does not change the result.