What is the effect of this test on whether a police officer who stops a suspect at the scene of the crime before the crime is arrested on suspicion of assault and assault?
California, United States of America
The following excerpt is from People v. Valencia, 20 Cal.App.4th 906, 24 Cal.Rptr.2d 883 (Cal. App. 1993):
"Finally, we agree with the observation that this test places police 'under the apprehension that their actions--which often require the exercise of great discretion--would be subject to misinterpretation months later in the antiseptic atmosphere of the courtroom.' [Citation.]" (People v. Miranda, supra, 17 Cal.App.4th at pp. 928-929, 21 Cal.Rptr.2d 785.)
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