People v. Rankin CA4/1

BACKGROUND

In September of 1994, San Diego police initiated a traffic stop. Defendant, a Crip

gang member, was in the backseat. He left the car and attempted to leave but was

instructed by an officer to remain in the area. He complied, but engaged in a struggle

with the officer when he started to move away from the vehicle. Defendant was placed in

a patrol car and the driver and front seat passenger were detained. Defendant and the

front seat passenger were Crip gang members.

An officer looked into the vehicle and in plain view saw a sawed-off 22-gauge

shotgun on the rear passenger floorboard. It was loaded with a yellow 20-gauge shotgun

shell. From where he was in the patrol car, defendant yelled to the officers that "the

shotgun was mine. They had no idea it was there. I put it in the back. I don't want them

in trouble. Now I have nothing else to say except I want a lawyer." Thereafter the driver

and front seat passenger were placed in the patrol car with defendant. After being told

they were being recorded, defendant repeatedly stated he did not want to get the others in

trouble and that he told the police the shotgun belonged to him.

Defendant was arrested…