California, United States of America
The following excerpt is from People v. Beene, C084314 (Cal. App. 2018):
Just as a vague, general description of the suspect does not support reasonable suspicion, furtive movements or gestures alone are insufficient to constitute reasonable suspicion that criminal activity is afoot. (People v. Superior Court (Kiefer) (1970) 3 Cal.3d 807, 827-828.) Combining at best ambiguous evidence of furtive activity with a vague and general description of the suspect does not support reasonable suspicion that the driver of the truck was the person described in the months old citizen complaints or that the driver might currently be engaged in criminal activity. Since associating the driver of the truck with defendant was the only possible valid justification for the stop, the stop was unlawful and the magistrate erred in denying the suppression motion. We accordingly decline to address defendant's other ground for attacking the ruling, that Officer Danel was not reasonable in assuming defendant's license was still suspended when he stopped him.
The judgment is reversed and the trial court is directed to grant the motion to suppress.
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