C.A. 4th;
G048087

The Fourth Appellate District reversed a juvenile court order. The court held that a minor’s mere possession of a marking pen was insufficient to support his arrest for possession of graffiti tools absent some circumstantial basis for inferring an intent to commit vandalism or graffiti. Accordingly, the court further held, because the minor’s arrest was unlawful, all contraband seized in a search incident to that arrest was inadmissible against him.