Is a reputation for criminal activity a factor in determining whether a detention is reasonable under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Jimenez, H044307 (Cal. App. 2018):
Thus, "[a]n area's reputation for criminal activity is an appropriate consideration in assessing whether an investigative detention is reasonable under the Fourth Amendment. [Citations.]" (People v. Souza (1994) 9 Cal.4th 224, 240-241 (Souza); see Wardlow, supra, 528 U.S. at p. 124.) "The time of night is another pertinent factor in assessing the validity of a detention." (Souza, supra, at p. 241 [detention occurred at 3:00 a.m.].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is the reputation of an area with a reputation for criminal activity a factor in determining whether an investigative detention is reasonable under the Fourth Amendment? (California, United States of America)
Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity? (California, United States of America)
What factors will be considered in determining whether to detain an individual in an area with a reputation for criminal activity? (California, United States of America)
What factors must be considered in determining whether a search and frisking of a defendant is reasonable under the Fourth Amendment? (California, United States of America)
What is the test for determining whether a person detained on suspicion of criminal activity has an objective manifestation that they may be involved in criminal activity? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
In reviewing a motion to suppress, what is the test for determining whether a probationer was detained without reasonable suspicion under the Fourth Amendment? (California, United States of America)
What is the test for determining whether a search or seizure was reasonable under the Fourth Amendment? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
