In re H.H

In In re H.H. (2009) 174 Cal.App.4th 653, at 11:20 p.m. a police officer saw a minor riding a bicycle without proper lighting equipment, in violation of the Vehicle Code. During the ensuing detention, the officer asked the minor to take off his backpack, at which point the minor said he was not on probation and was not consenting to a search. In light of those comments, the officer conducted a patsearch. (Id. at pp. 656-657.) The Court explained in In re H.H: "The question before us is whether the minor's refusal to consent to a search can, by itself, form the basis for reasonable suspicion to patsearch. The answer is no." (In re H.H., supra, 174 Cal.App.4th at p. 656.) The Court also observed: "The minor contends the assertion of his Fourth Amendment rights, without more, did not create reasonable suspicion he was armed and dangerous. We agree." (Id. at p. 658.)