California, United States of America
The following excerpt is from People v. Lara, E058858 (Cal. App. 2014):
public places and putting questions to them if they are willing to listen. . . . Even when law enforcement officers have no basis for suspecting a particular individual, they may pose questions, ask for identification, and request consent to search . . . provided they do not induce cooperation by coercive means. . . . If a reasonable person would feel free to terminate the encounter, then he or she has not been seized." (United States v. Drayton (2002) 536 U.S. 194, 200-201.) "The Fourth Amendment permits police officers to approach [individuals] at random to ask questions and to request their consent to searches, provided a reasonable person would understand that he or she is free to refuse. . . ." (Id. at p. 197.)
"'[A]n officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable, articulable suspicion that criminal activity is afoot. [Citation.] While "reasonable suspicion" is a less demanding standard than probable cause and requires a showing considerably less than preponderance of the evidence, the Fourth Amendment requires at least a minimal level of objective justification for making the stop. [Citation.] The officer must be able to articulate more than an "inchoate and unparticularized suspicion or 'hunch'" of criminal activity. [Citation.] [] . . . [.]' . . . In making such a stop, police may conduct 'a protective patdown search for weapons.' [Citation.]" (People v. Huggins (2006) 38 Cal.4th 175, 241-242.)
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