P.
P. v. Cobb CA4/1
Opinion
Opinion
STATEMENT OF FACTS
At about 3:25 a.m. on March 27, 2012, a San Diego Sheriff's Deputy entered the
parking lot of a 7-11 store in Lakeside. The deputy saw Cobb in the parking lot carrying
a 24-inch long piece of pipe in his left hand. Cobb had a beer bottle upside down in his
right hand. When Cobb saw the patrol car he moved the pipe more in line with his body
in an apparent attempt to hide it from view.
The deputy got out of his car, drew his weapon and ordered Cobb to get down on
the ground. Cobb got down on the ground in a prone position. The deputy asked Cobb
why he was carrying the pipe to which Cobb responded "to defend himself" and stated
his friend had "gotten jumped." Cobb was then placed under arrest, handcuffed and
placed in the back of the patrol car.
While the deputy was outside of the car, filling out paperwork, Cobb leaned
forward and said to the deputy, "It's Lakeside, homie. You know how it is out here. Can
you have some discretion?" The deputy did not respond.
All further statutory references are to the Penal Code unless otherwise specified.