In re E.F.B., 7722.
| Decision Date | 22 May 1974 |
| Docket Number | No. 7722.,7722. |
| Citation | 320 A.2d 95 |
| Parties | In the Matter of E. F. B., Appellant. |
| Court | D.C. Court of Appeals |
Frederick H. Weisberg, Brooklyn, N. Y., appointed by this court, for appellant. Thomas Guidoboni, also appointed by this court, entered an appearance for appellant.
James N. Dulcan, Asst. Corp. Counsel, Washington, D. C. with whom C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellee.
Before GALLAGHER, YEAGLEY and HARRIS, Associate Judges.
This appeal is from an adjudication of delinquency by the Juvenile Branch of the Family Division of the Superior Court after a fact-finding hearing. The petition alleged that appellant carried a pistol without a license.1 A motion to suppress was denied and it was stipulated that the arresting officer's testimony at the fact-finding hearing would be the same as it was on the motion.
The arresting officer testified that he and another officer encountered appellant, a juvenile, at about 4 a. m. in an alley behind the 1400 block of Euclid Street, N.W., a high crime neighborhood. Appellant was carrying the front wheel of a bicycle in one hand and the frame and rear wheel in the other. It appeared to be in good condition, capable of being put together and ridden, and the officer said he wondered why he was carrying it. The officer stopped and asked appellant to put the bicycle down, which he did, and the officer questioned him for about five minutes. He noticed a pair of pliers protruding from one of his pockets. Appellant said the bicycle belonged to a friend and that he was going to a nearby gas station which was still open. The officer had no knowledge of any report of a bicycle having been stolen recently in that area. The appellant gave him his name and address, which the officer estimated to be 15 blocks away, but when appellant was asked why he had chosen a gas station so far from his home, he stuttered and said he didn't know.
The officer decided to detain him and to enter the bicycle on the books as suspected proceeds of a crime. Upon frisking him the officer found, in addition to the pliers, a pistol with one round of ammunition in the chamber, a box-cutting type razor and a few other tools. A petition was filed against appellant alleging that he carried a pistol without a license. The court found that the officers had probable cause to detain the juvenile and his motion to suppress was denied. At the close of all the evidence the court denied a motion for judgment...
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