California, United States of America
The following excerpt is from People v. Nelson, 10 Cal. Daily Op. Serv. 15, 119 Cal.Rptr.3d 56, 190 Cal.App.4th 1453, 2010 Daily Journal D.A.R. 18 (Cal. App. 2011):
Cage concluded the officer's "clear purpose in coming to speak to [the victim] at this juncture was not to deal with a present emergency, but to obtain a fresh account of past events involving defendant as part of an inquiry into possible criminal activity." ( People v. Cage, supra, 40 Cal.4th at p. 985, 56 Cal.Rptr.3d 789, 155 P.3d 205.) Rejecting an argument that the officer was determining whether further immediate police action might be necessary to apprehend a perpetrator, the court noted the officer did not try to obtain emergency information from the victim when he saw him near the crime scene even though the victim was coherent; at the hospital the officer questioned the victim in a manner that assumed the defendant was the suspect; and there was no indication the officer followed up with what the victim told him by initiating emergency action. ( Id. at pp. 985-986, fn. 15, 56 Cal.Rptr.3d 789, 155 P.3d 205.)
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