This is an appeal from a juvenile adjudication based on a guilty plea with reservation to appeal the denial of the motion to suppress. The offense is possession with intent to distribute cocaine under D.C.Code § 33-541 (1993).
I.
J.O.R. (then sixteen years old) was playing basketball on a public court when he was observed by a uniformed police officer who knew him. After the young man left the court the officer, knowing of an outstanding neglect custody order from the Superior Court, Family Division directing his apprehension, attempted to execute the order. The officer testified that previous efforts to take J.O.R. into juvenile custody were unsuccessful. J.O.R. attempted to flee, but was restrained by the officer and backup officers. J.O.R. shed his coat as it was pulled in the effort to hold him. The officer fell to the ground with J.O.R. and as they struggled the officer “checked his pockets.” Subsequently twenty-two ziploc bags, containing what turned out to be cocaine, were recovered.
Appellant contends that taking a neglected child into custody is significantly different from arresting an adult or child suspected of having committed a crime. By implication, he seems to agree if there was a suspected offense the search would be lawful. He also argues that safety concerns and fear of evidence destruction are absent as justification for the search. As secondary arguments, he asserts that the full scale search inside the pockets exceeded a permissible limited “pat down,” and that a subsequent inventory or administrative search cannot justify the search and seizure of the twenty-two bags.
The government’s position is that in initiating neglect custody the same reasons of safety that justify a search of a suspected criminal also apply. In any event, the government contends that the cocaine would have inevitably been seized during a later inventory search. We do not reach this latter issue as we find persuasive precedents justifying a full search notwithstanding that the apprehension was under a neglect custody order.
II.
In United States v. Robinson,
This court has also held that a search incident to arrest is not limited by the grounds for the arrest. United States v. Simmons,
Finally, other jurisdictions have upheld searches of juveniles taken into custody in similar situations. The New Jersey Superior Court explained in State in Interest of J.G.,
Appellant argues that a juvenile taken into custody pursuant to a court order has not been arrested or detained for Fourth Amendment purposes, see D.C.Code §§ 16-2309, -2311(a)(4) (1981)
Accordingly, the juvenile adjudication is
Affirmed.
Notes
. Recodified at D.C.Code § 48-904.01 (2001).
. "The danger to the police officer flows from the fact of the arrest, and its attendant proximity, stress, and uncertainty, and not from the grounds for arrest.” Robinson,
. In the companion case to Robinson, Gustafson v. Florida,
. "While there may be some distinctions as to how or where a juvenile involved in a juvenile-family crisis may be detained, transported or committed as compared to a juvenile charged with delinquency, for our purposes in considering a search and seizure, there is no distinction. Being 'in custody’ is a restraint of liberty. When a juvenile is taken into custody, whether it be short-termed or not, the juvenile is not free to leave. The taking into custody of a juvenile is analogous to the arrest of an adult.... When a juvenile is taken into custody, Chimet, reasoning applies and a search incident to detention is proper." State in Interest of J.G., supra,
. "The potential dangers lurking in all custodial arrests make warrantless searches of items within the 'immediate control’ area reasonable without requiring the arresting officer to calculate the probability that weapons or destructible evidence may be involved.” In re Humberto O., supra,
. D.C.Code §§ 16-2309,-2311(a)(4) (2001).
. Contrary to appellant’s argument, we do not read Knowles as limiting the general classes of permissible custodial searches to those where both danger to officers and destruction of evidence are potential risks.
