C.A. 1st;
A145470

The First Appellate District reversed a juvenile court judgment. The court held that the mere fact that a suspect smelled of marijuana did not provide valid grounds for a search of his person.

Officers responded to a report of someone with a firearm. They encountered a group of individuals known to have gang association. Upon approaching minor D.W., they immediately noticed that he smelled of marijuana. They commented on the smell, and D.W. admitted he had just smoked some. The officers decided to search D.W. for more marijuana. They discovered instead a handgun. A delinquency petition was filed alleging multiple firearm offenses.