People v. Gilliard

In People v. Gilliard (1987) 189 Cal.App.3d 285, 287, after a shooting, defendant was arrested for being drunk in public near the scene of the shooting. No gun was found at the scene or on the defendant and an officer who suspected that defendant had been involved in the shooting asked him where the gun was. (Ibid.) The defendant said he had thrown it into bushes near the scene of the shooting. (Ibid.) In rejecting the defendant's assertion that the gun could have been locked in a house or car or placed somewhere out of the reach of the public, the appellate court concluded, "The officer's question was specifically directly only to the recovery of the missing gun. The scene of the crime and arrest were in a residential area. As the officer testified, he asked the defendant where the gun was simply to remove it from a location where it might be retrieved by a child or other member of the public." (Id. at p. 292.)