What is the test for determining whether a police officer has "detained" appellant in the context of the Fourth Amendment and article I, section 13 of the California Constitution?

California, United States of America


The following excerpt is from People v. Miles, 196 Cal.App.3d 612, 242 Cal.Rptr. 107 (Cal. App. 1987):

There is no question that a police officer may approach a person on the street without having reasonable suspicion of criminal activity if the officer does not "detain" the person. (Florida v. Royer (1983) 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229.) Accordingly, the threshold issue confronting this court is whether Officer Fisher "detained" appellant within the meaning of the Fourth Amendment of the United States Constitution and article I, section 13 of the California Constitution. 2 (People v. Bower (1979) 24 Cal.3d 638, 156 Cal.Rptr. 856, 597 P.2d 115.) If there is "no detention--no seizure within the meaning of the Fourth Amendment--then no constitutional rights have been infringed." (Florida v. Royer, supra, 460 U.S. at p. 498, 103 S.Ct. at p. 1324.)

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