Is an individual who has been stopped by police in the middle of the street in what circumstances is the individual entitled to continue to walk the public streets "only at the whim of any police officer who happens to stop that individual"?

California, United States of America


The following excerpt is from People v. Brown, 14 Cal.App.5th 320, 221 Cal.Rptr.3d 854 (Cal. App. 2017):

and must be permitted to go on his way in the absence of probable cause to arrest. An individual, whom police may think is suspicious but do not have probable cause to believe has committed a crime, is entitled to continue to walk the public streets only at the whim of any police officer who happens to stop that individual under 647(e)." ( Kolender v. Lawson , supra , 461 U.S. at p. 358, 103 S.Ct. at p. 1858, 75 L.Ed.2d at p. 909.)

[221 Cal.Rptr.3d 867]

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