In re R.S.

R.S. acknowledged that he did not object to two issues he raised on appeal to the Court of Appeal; the Court determined R.S. forfeited those issues. R.S. was found trespassing on school grounds as a nonstudent. Officers detained him after he became belligerent. One of the officers suffered a hairline fracture to his thumb during the struggle. R.S. was arrested in connection with a robbery outside of a Starbucks approximately two months later. At the police station, R.S. at first denied punching the victim in the head, later admitting to striking the victim. R.S. conceded that he attacked the victim to steal his iPhone. At the disposition hearing, the juvenile court imposed, among others, the following probation conditions: "Minor shall submit [his] person, property, or vehicle, and any property under [his] immediate custody or control to search at any time, with or without probable cause, with or without a search warrant, by any law enforcement officer or peace officers, probation officers, school officials or officers, and any other state security officers or agents engaged in the lawful performance of their duties [search condition]." "The minor shall not knowingly be in any privately owned vehicle with more than one person the minor knows or reasonably should know is under the age of 18 unless accompanied by a parent or legal guardian, a responsible adult, or with permission of the probation officer [supervision condition]." R.S. challenged these two conditions, arguing the search condition was unconstitutionally overbroad and vague while the supervision condition was unconstitutionally vague. Because he was making facial challenges to the conditions, R.S. argues his claims of error raised pure questions of law that the Court of Appeal should review. The Court disagreed, concluding R.S. forfeited these challenges by not raising them sooner. View "In re R.S." on Justia Law