People v. Roberts CA4/1

STATEMENT OF FACTS

Since this appeal challenges only the denial of the motion to suppress evidence,

we will summarize the facts from the transcript of the hearing on that motion.

At approximately 10:19 p.m. on August 24, 2012, an El Cajon police officer

observed Roberts walking eastbound on Main Street in the City of El Cajon. The officer,

who was in uniform and driving a marked patrol car, made a u-turn so that he could

contact Roberts. The officer parked his car about 30 to 50 feet from Roberts, who

continued to walk toward the officer. The officer did not use the car's spotlight or

emergency lights.

As Roberts walked toward the officer's position, the officer got out of his car.

When Roberts was about 5 to 10 feet from the officer, the officer said, "What is up man?"

and "Do you mind talking to me." Roberts responded, "Sure what is going on." The

officer responded, "Nothing much, just doing my job out here. Just talking to people."

He then asked Roberts, "Do you mind if I check your identification out?" Roberts said,

"Sure" and handed his driver's license to the officer. The officer testified that this

conversation was calm, and that he did not…