In re I.H.

California Court of Appeal·Decided June 25, 2026·No. E084852·Published

Opinion

Filed 6/2/26; Certified for Partial Publication 6/25/26 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

In re I.H., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, E084852

Plaintiff and Respondent, (Super. Ct. No. J301714)

v.

OPINION

I.H.,

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Geraldine Williams, Judge. Affirmed.

Stephanie A. Lickel, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting, and Maxine Hart, Deputy Attorneys General, for Plaintiff and Respondent.

I.

INTRODUCTION

When executing an arrest warrant for a fugitive suspect from Iowa named Victor Delgadillo, state and federal law enforcement officers mistakenly identified defendant and appellant I.H. as Delgadillo. They repeatedly told I.H. to get on the ground, but he did not comply and instead raised his hands and stood still. When I.H. moved his hands toward his torso, the officers apprehended him, pushed him to the ground, and handcuffed him. After taking off I.H.’s hat and shining a flashlight in his face, the officers realized I.H. was not Delgadillo. Moments later, an officer asked I.H. if he had any weapons, and he indicated he had one in his waistband. The officer then found a firearm in I.H.’s waistband.

The People filed a wardship petition alleging that I.H. carried a loaded, stolen

1

firearm in public (Pen. Code, § 25850, subd. (c)(2); count 1) and possessed a firearm as

a minor (§ 29610; count 2). After unsuccessfully moving to suppress evidence of the firearm, I.H. admitted count 1 and the People dismissed count 2. I.H. was adjudged a ward of the court and placed on probation.

1 All further statutory references are to the Penal Code.

I.H. contends the juvenile court erroneously denied his motion to suppress and he received ineffective assistance of counsel (IAC). We disagree and affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND A. I.H.’s Arrest Deputy U.S. Marshal Koontz contacted the Ontario, California Police Department’s Multi-Enforcement Team (MET) for assistance with the arrest of Delgadillo, who was wanted for murder in Iowa. Several MET officers were briefed about the suspect and told that there was an active arrest warrant in Iowa for Delgadillo’s arrest. Deputy Koontz also told the officers that the U.S. Marshals Service believed that Delgadillo might be in a hotel in Colton, California.

The arrest team, composed of several MET Officers and U.S. Marshals, gathered in a hotel room across the hall from a hotel room where Delgadillo was believed to be staying (room 205). While there, Deputy Koontz positively identified the occupant of the room as Delgadillo and described his appearance and clothing.

One of the MET officers saw two males leave room 205, one of whom (I.H.) fit Delgadillo’s description. As the males walked down the stairs to exit the building, officers in a car outside drove to the males’ location.

When the officers approached the males in their vehicle, they turned on the lights and sirens, then exited the vehicle while brandishing their firearms and ordering the males to get on the ground. The male believed to be Delgadillo (I.H.) did not comply, so the officers ordered him to get on the ground again. He raised his hands, but then began to lower them toward his torso, so a MET officer pushed him to the ground, pinned him, and handcuffed him with another officer’s assistance.

The officers sat the suspect upright, took off his hat, and shined a flashlight in his face. The officers realized he was not Delgadillo. Moments later, one of the officers asked I.H. if he had any weapons, and he nodded toward his waistband. As that officer searched I.H., he found a nine-millimeter handgun concealed in I.H.’s waistband. I.H. told the officers his name, and they confirmed he did not have tattoos on his arms that matched Delgadillo’s tattoos. The officers then arrested I.H.

B. The Officers’ Testimony MET Officers Josephy Reyna, Matthew Reed, and Jorge Palacio participated in I.H.’s arrest and testified at the motion to suppress hearing.

Officer Reyna testified that he and other officers were in the hotel room across from room 205. He did not know the specifics of the Delgadillo warrant, but Deputy Koontz gave him a description of Delgadillo while they were in the hotel room, which included his height, weight, race, hair color, tattoos, and clothing. Officer Reyna also saw a picture of Delgadillo at some point. One of the males who exited room 205 (I.H.) matched Delgadillo’s description. At that point, Deputy Koontz made a “positive

identification” of Delgadillo (which turned out to be I.H.), so the team of several officers decided to arrest him. The decision to arrest him was therefore based on Deputy Koontz’s description of Delgadillo and I.H.’s matching that description, not information from a warrant.

Like Reyna, Officer Reed testified that he never saw an arrest warrant for Delgadillo, so all information about Delgadillo came from Deputy Koontz. Deputy Koontz told Officer Reed that Delgadillo was a “Hispanic male, 18[] or 20s, wearing a black sweater, dark-color hat[,] and sunglasses.” Deputy Koontz “positively identified” Delgadillo as one of the males leaving room 205, and Officer Reed concurred that he matched the description of Delgadillo provided by Koontz. Officer Reed was one of the two officers who “made contact” with I.H. and arrested him. Officer Reed estimated about 15 to 20 minutes elapsed between when Deputy Koontz identified Delgadillo as one of the males leaving room 205 and when the officers handcuffed I.H. and realized he was not Delgadillo.

Officer Palacio testified that he likewise received all information about Delgadillo from Deputy Koontz and did not receive any information from a warrant. As with the other officers, he was given a general description of Delgadillo and the clothes he was wearing. Officer Palacio was one of the arresting officers. He estimated about two minutes elapsed between when he saw the two males in the hallway and when he approached them in the vehicle.

C. Motion to Suppress Proceedings I.H. filed a motion to suppress, arguing that his warrantless search and seizure were unreasonable for two reasons. I.H. first argued that the police reports did “not provide any information on where the description of the suspect came from,” and “[t]he

prosecution cannot rely on hearsay information to establish probable cause” under the

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Harvey-Madden rule. “If the officers relied on hearsay information, [I.H.] demand[ed]

the identity and location of all declarants with material information and demand[ed] their presence at the motion to suppress [hearing].” Second, the police reports did not state Delgadillo’s description with sufficient particularity, so it cannot be “determine[d] whether the officers were justified in detaining [I.H.].”

At the outset of the motion to suppress hearing, the juvenile court stated that a probation report indicated that the officers were executing two warrants. The court thus asked the parties “what exactly the situation is for the warrant.” The prosecutor responded that the testifying MET officers were assisting U.S. Marshals with apprehending Delgadillo, who was wanted for murder in Iowa. Defense counsel stated that there were “six reports, and most of them just say that ‘We are assisting with a homicide out of the state of Iowa,’” although one “mention[ed] that there may have been a warrant.”

2 See People v. Harvey (1958) 156 Cal.App.2d 516, 523-524 (conc. opn. of Dooling & Draper, JJ.); Remers v. Superior Court (1970) 2 Cal.3d 659, 666; People v. Madden (1970) 2 Cal.3d 1017, 1021.

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