In re Robert D. CA4/1

Good Law
Court of Appeal of CaliforniaJuly 16, 2013D062373California2,118 words

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…

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