Can a police officer with special training and experience fail to investigate conduct suggestive of criminal activity?

California, United States of America


The following excerpt is from People v. Almalik, H035390 (Cal. App. 2011):

"In considering the validity of the challenge to the detention, we must consider that in the course of training and in the exercise of their duties, experienced officers develop an ability to perceive the unusual and suspicious which is of value in the performance of their task of protecting the rights and safety of law[-]abiding citizens. Indeed the failure of an officer to investigate conduct suggestive of criminal activity based upon his expertise acquired by training and experience would constitute a breach of his obligation to properly discharge the duties of an officer of the law." (People v. Peterson (1978) 85 Cal.App.3d 163, 168-169.)

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It must be remembered that activities that in isolation may seem innocuous, in proper context, can indicate criminal activity to an officer with special training and experience. (People v. Carvajal (1988) 202 Cal.App.3d 487, 496.)

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