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In re David W.

California Courts of Appeal
172 Cal. Rptr. 266 (1981)


David W. (defendant) was a fifteen-year-old who appeared to be under the influence of illegal drugs when he became incoherent and violent in his bedroom. David’s mother called the police because she was concerned for his welfare and for the other people in the home. When the police arrived, David was being restrained by his brother and friends. David’s mother called an ambulance, but the police informed her that they would take David to the hospital. David was unable to walk without assistance, but the officers handcuffed him, brought him downstairs, and placed him in the police car. While being treated at the emergency room, a packet of pills fell out of David’s boot. The police officers then placed David under arrest for possession of an illegal drug. David was not charged with this offense, but was charged with disorderly conduct for being under the influence of drugs in a public place. After the juvenile court convicted him on that charge, David appealed, alleging that the record failed to show that he had violated the provisions of the statute.

Rule of Law


Holding and Reasoning (Ashby, J.)

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