California, United States of America
The following excerpt is from People v. Kasrawi, 280 Cal.Rptr.3d 214, 65 Cal.App.5th 751 (Cal. App. 2021):
A similar detention took place in People v. Garry (2007) 156 Cal.App.4th 1100, 67 Cal.Rptr.3d 849 ( Garry ), where the officer observed the defendant standing by a parked car at night, and then "bathed defendant in light, exited his police vehicle, and, armed and in uniform, briskly walked 35 feet in two and one-half to three seconds directly to him while questioning him about his legal status." ( Id. at p. 1111, 67 Cal.Rptr.3d 849.) Explaining that the officer's "actions, taken as a whole, would be very intimidating to any reasonable person," the appellate court concluded that the defendant was detained before the officer learned any additional information about him. ( Id. at pp. 11111112, 67 Cal.Rptr.3d 849.)
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