People v. Rose CA2/6

Facts and Procedural History On April 5, 2010, the San Luis Obispo Police Department received a 911 call that a bomb was at San Luis Obispo High School. The call was made from a payphone at Scolari's, a local grocery store. On April 22, 2010, at 9:56 a.m., the same payphone was used to make another bomb threat. The caller said that bombs were at three San Luis Obispo schools. San Luis Obispo Police Department Sergeant Keith Storton and Detective Cory Pierce staked out the payphone in an unmarked car. At 10:40 a.m., they saw appellant make a call from a payphone at a nearby 7-Eleven store. Appellant told the 911 operator, "I gonna kill me a fuckin' cop today!" After appellant hung up, the police dispatcher said, "Oh, that's him again." Officer Colleen Kevany was nearby. She detained and questioned appellant without advising him of his Miranda rights. Officer Kevany said "I've [got] a lot of leeway right here what I can do with you, Okay?" Appellant said, "I'm going to jail either way, right?" Officer Kevany responded, "Not necessarily. There's a misdemeanor offense, there's a felony offense. It depends on which way [you] wanna go with this."…