In re Robert D. CA4/1
Opinion
Opinion
STATEMENT OF FACTS
The events in this case took place at about 1:30 a.m. on April 4, 2012, on North
Twin Oaks Valley Road in San Marcos. At that time Sergeant Michael Blumenthal of the
San Diego County Sheriff's Office was driving southbound when he noticed a car parked
off to the side of the road with its parking lights on and the engine idling. Aware that
there had been a number of residential burglaries in the area, Blumenthal slowed to
observe the parked car. As he passed the car, Blumenthal observed Robert raise his head,
look at the patrol car and then duck back down.
Blumenthal was able to turn around and again approached the parked car from the
back. As he approached the car, Blumenthal turned on his spotlight. Robert again raised
his head up, looked at the patrol car and ducked back down out of view. Blumenthal
called for backup and noticed that the driver's seat of the car was unoccupied.
As he approached the parked car, Blumenthal observed a scarf draped over the
steering column. Such observation was consistent with stolen cars where the driver
wants to cover a damaged steering column.
2 When he approached the car the officer observed Robert. He…