Can a driver who was stopped and questioned by police at the scene of an initial stop and questioning be removed and detained?
California, United States of America
The following excerpt is from People v. Zimnicki, 105 Cal.Rptr. 614, 29 Cal.App.3d 577 (Cal. App. 1972):
1 While circumstances may support an initial stop and questioning, a question arises whether the removal of the driver and his temporary detention (as described in this record) was valid. (See Thomas v. Superior Court (1972) 22 Cal.App.3d 972, especially fn. 7, p. 980, 99 Cal.Rptr. 647.)
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