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Name: People v. Anson
Case #: G027960
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/07/2003
Subsequent History: Rev. denied 3/26/03.
Summary

At 8:30 on a school day, Ms. Ponce saw appellant showing his penis and urinating on a chain link fence which separated an elementary school from a public park. She told him he could be more discreet. The next day a police officer was investigating a report that appellant’s camper had been parked on the street near the school for some time. Ms. Ponce happened upon the scene at which the officer was speaking to appellant. She informed the officer of appellant’s behavior the day before, and agreed she wanted to make a citizen’s arrest for indecent exposure when the officer inquired if she were willing to do so. After Ponce arrested appellant, the officer searched his camper, finding guns. The search was lawful because it was pursuant to an arrest which was reasonably timely. [This legal point was in the unpublished portion of the opinion]. In the published portion of the opinion, the court held the camper did not qualify for the residence exception in Penal Code section 626.9 (guns may be kept in residences close to schools) because the statute applies to houses or apartments, not to vehicle which appellant regularly moved from place to place.