In what circumstances will a police officer stop a hitchhiking individual in the middle of the night?

California, United States of America


The following excerpt is from People v. Higbee, 112 Cal.Rptr. 690, 37 Cal.App.3d 944 (Cal. App. 1974):

In People v. Courtney, 11 Cal.App.3d 1185, 90 Cal.Rptr. 370, the officer was patrolling a private university residential area. There had been bombings in the area and there were threats of further bombings. The officer observed an oddly dressed person whom he had never seen in the neighborhood before. When the individual appeared to turn his head as if to avoid a confrontation with the officer, the officer stopped him to ascertain his business and to check his identification. The court stated at page 1190, 90 Cal.Rptr. at page 373: 'Because of the stranger's paucity of identification and his statement that he was headed for the home of one known to have a police record, the officer's decision to detain him while he ran a radio check was proper. (See People v. Bloom, 270 Cal.App.2d 731, 735 (76 Cal.Rptr. 137); People v. McVey, 243 Cal.App.2d 215, 217 (52 Cal.Rptr. 269).)'

In People v. Bloom, 270 Cal.App.2d 731, 76 Cal.Rptr. 137, the officer stopped two hitchhiking juveniles carrying bedrolls for the purpose of determining their age. They produced identification showing them to be at least 18 years old but not residents of the county. The officer requested a check by radio to determine if they had a record which would further identify them and also to see if they had any warrants. They argued that the officer had no right to detain them while waiting for a radio check on the authenticity of their identification and that therefore evidence which was obtained during this detention was not admissible. The court held at page 735, 76 Cal.Rptr. at page 141: 'There was nothing unreasonable about the officer's calling for

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