In what circumstances will a police officer be allowed to question a person in the street in the middle of the night?

California, United States of America


The following excerpt is from People v. Surplice, 203 Cal.App.2d 784, 21 Cal.Rptr. 826 (Cal. App. 1962):

We hold the evidence was legally obtained and the arrests were lawful under the provisions of Penal Code section 836 and the definition of what constitutes reasonable or probable cause to believe that the person to be arrested has committed a felony as set forth in People v. Ingle, 53 Cal.2d 407, 412-413, 2 Cal.Rptr. 14, 348 P.2d 577, and the cases cited therein.

'The courts of this state consistently have adhered to the proposition that a police officer may question a person outdoors at night when the circumstances are such as would indicate to a reasonable man in like position that such a course is necessary to the discharge of his duties [citations] * * *.' (People v. Ellsworth, 190 Cal.App.2d 844, 846-847, 12 Cal.Rptr. 433, 435.)

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