What is the test for a police officer to detain and question a man in a public phone booth?

California, United States of America


The following excerpt is from People v. Bower, 156 Cal.Rptr. 856, 24 Cal.3d 638, 597 P.2d 115 (Cal. 1979):

Consider People v. Moore, supra, 69 Cal.2d 674, 72 Cal.Rptr. 800, 446 P.2d 800. There, a police officer observed a man making a telephone call from a public phone booth in an area of high narcotics traffic. When the man seemed to observe the officer, he "moved from a comfortable position in the telephone booth, and turned his back on the police car. Defendant appeared nervous. The officer thought that defendant 'was trying to avoid' him . . . ." So, considering also " 'the area and the surrounding circumstances,' " he detained him. (Id., at p. 678, 72 Cal.Rptr. at p. 802, 446 P.2d at p. 802.) This court held that detention invalid. "To hold that police officers should in the proper discharge of their duties detain and question all persons in that location or all those who act nervous at the approach of officers would for practical purposes involve an abrogation of the rule requiring substantial circumstances to justify the detention and questioning of persons on the street." (Id., at p. 683, 72 Cal.Rptr. at p. 806, 446 P.2d at p. 806.)

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