California, United States of America
The following excerpt is from People v. Torres, A141041 (Cal. App. 2016):
This evidence, considered in light of the totality of the circumstances, provided Officer Doherty with "specific articulable facts" demonstrating "some objective manifestation" that appellant was involved in criminal activity at the time of his detention. (People v. Souza (1994) 9 Cal.4th 224, 231.) While appellant insists that the discrepancy in his clothing demonstrates the lack of reasonable suspicion, this fact does not diminish the probative value of the other evidence supporting the trial court's
Page 5
contrary finding. (See People v. Leath (2013) 217 Cal.App.4th 344, 355 [minor discrepancies in descriptions of the suspect or vehicle are not dispositive for purposes of reasonable suspicion].) On this record, the officer could reasonably believe criminal activity involving appellant was afoot, thereby justifying the decision to detain him.
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.