People v. Franklin CA4/1

FACTS

On July 19, 2012, the San Diego Police Department received a report that four

individuals were handling firearms in the courtyard of an apartment complex. Members

of the Lincoln Park criminal street gang were known to frequent that area. San Diego

police officers, assisted by a police helicopter, responded. Using an infrared camera, a

police officer in the helicopter observed the individuals standing together and then

Further statutory references are to the Penal Code. 2 walking away separately. One of the individuals, later identified as Franklin, discarded a

.45 caliber revolver after he left the group.

Police caught Franklin and detained him. Franklin is a documented member of the

Lincoln Park gang. At the time of his detention, Franklin was wearing clothes indicative

of the Lincoln Park gang, including green plaid shorts and a green bandana. Police

detained a second individual, Glen Miller, who is also a documented Lincoln Park gang

member.

Police recovered the .45 caliber revolver, and forensic analysis later revealed a

mixture of DNA on the revolver to which Franklin was a possible major contributor. The

chance that a person selected at random…