Amylou R. v. County of Riverside Appellant's Opening Brief

in a marked patrol car. (RT 628.) Mrs. Ryan had asked to go along but did not
accompany them.
(RT 452.) When they located the general area in which the crimes
had occurred, they all got into Deputy Shannon's car, which was equipped with better
suspension, because of the difficulty of the terrain. (RT 1479-1480.) They drove
within view of a bag of beer bottles which the suspect had placed in the road.
(RT
636, 824-825.) They stopped to avoid destroying possible evidence, such as tire
marks or shoe prints, and because plaintiff became very frightened and did not want
to go further.
(RT 636, 825, 827, 1206.) She indicated Diane Harper's body was up
at the end of a narrow trail leading off to the left of the dirt road. (RT 638.)
Because of plaintiffs emotional condition, they left the area as soon as they
had marked the crime scene. (RT 639, 827, 1207.). Deputy Shannon remained at the
turnoff from the main road, while Moker and Lackie drove with plaintiff to the
nearest telephone, at Denny's.
(RT 643-644.)1/ At Denny's, they asked plaintiff if
she wanted to go inside, but she stayed in the car and slept. (RT 644-645, 1207­
1209.) From the telephone booths inside, the officers were able to see the car
through a glass door. (RT 644.)
They were at Denny's about 45 minutes. (RT 645.) The officers called their
sergeant, the Rape Crisis Center to arrange for counselors to be at Riverside General
Hospital, and a patrol unit to transport plaintiff to Riverside General Hospital.
(RT
645.)1/ They also bought coffee. (RT 647.)
Moker and Lackie did not take plaintiff to the hospital; it was their
investigation, so they were needed at the crime scene to finish the search, and the task
of transporting plaintiff to the hospital and collecting evidence according to procedures
was handled more efficiently by a patrol officer. (RT 829-30, 1481-82.) A deputy
1/ The radio in their vehicle was not able to reach dispatch. (RT 643.)
2/ Two volunteers from the Rape Crisis Center subsequently attended plaintiff at
the hospital. (RT 455.)
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