Brown

STATEMENT OF FACTS

Since the only issues raised in this appeal relate to the denial of the motion to

suppress evidence we will recite the facts from the transcript of that motion.

On the evening of May 26, 2013, a 911 call was made to the San Diego County

Sheriff's office reporting that a fight was taking place in an alley in the City of Imperial

Beach. The recording of the call was played for the court during the suppression motion.

2 The caller, who provided his location to the dispatcher, reported a fight involving

a number of people in an adjacent alley. There was a reference in the call to the presence

of a loaded gun possibly involved in the affray. The Sheriff's dispatcher alerted Deputy

Geasland about the "fight call" and the location. The deputy, in a marked patrol car,

arrived at the scene within three minutes of the call.

The deputy drove down the alley where the fight was reportedly taking place. He

did not see any people in the alley, however, he encountered Brown who was driving his

car out of the alley. The deputy called out to Brown as he drove by asking, "Hey. Hey.

Did you see a fight?" Brown did not respond and continued out of the alley.…