What is the test for determining whether a police officer has the right to make a statement of intent?
California, United States of America
The following excerpt is from People v. Marrero, H046348 (Cal. App. 2020):
" '[s]ubjective intent alone . . . does not make otherwise lawful conduct illegal or unconstitutional.' " (Whren v. United States (1996) 517 U.S. 806, 813.) " '[T]he fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer's action does not invalidate the action taken as long as the circumstances, viewed objectively, justify that action.' " (Ibid., italics added.)
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