Opinion
NOT TO BE PUBLISHED
Super. Ct. No. J1173867
THE COURT:It is ordered that the opinion filed on July 27, 2009, be modified as follows:
1. On page two, the entire paragraph entitled “FACTS AND PROCEDURAL HISTORY” is deleted and replaced with the following:
FACTS AND PROCEDURAL HISTORY
At 12:40 p.m. police officer Melvin Parker and his partner, officer Carlton, were on patrol in an area of Santa Maria, California, which had been the sight of numerous gang fights. The officers saw J.C. and another minor walking, asked to speak with them, and asked J.C. to remove his hands from his pockets. Officer Carlton recognized the minor with J.C. as a probationer and the officers noticed that one of his eyes was swollen. Officer Carlton conducted a probation search of the other minor while Officer Parker spoke to J.C. Parker asked J.C.: "Do you mind if I search you for any weapons?" J.C. replied, "Yeah," turned around, and raised and extended his arms parallel to the ground. Parker took the extended arms of J.C. and brought them to the small of J.C.’s back “for control purposes.” Parker asked whether J.C. had any weapons, and J.C. answered that he had a knife in his pocket. Parker searched him, finding and removing the knife, a glass pipe with marijuana residue and tobacco papers. J.C. remained calm and cooperative at all times. The police did not have a warrant for the search.
There is no change in the judgment.
Appellant's petition for rehearing is denied.