P.

P. v. Cobb CA4/1

Good Law
Court of Appeal of CaliforniaMay 20, 2013D062364California1,110 words

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.

DISCUSSION

Alleged Miranda Violation

Prior to jury selection, Cobb, who was then…

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