California, United States of America
The following excerpt is from People v. Porter, F063717 (Cal. App. 2013):
"To justify ... [a] detention, the circumstances known or apparent to the officer must include specific and articulable facts which, viewed objectively, would cause a reasonable officer to suspect that (1) some activity relating to crime has taken place or is occurring or about to occur, and (2) the person the officer intends to stop or detain is involved in that activity. [Citations.] This reasonable suspicion requirement is measured by an objective standard, not by the particular officer's subjective state of mind at the time of the stop or detention." (People v. Conway (1994) 25 Cal.App.4th 385, 388.) "Accordingly, the circumstances known or apparent to the officer must be such as would cause a reasonable law enforcement officer in a like position, drawing when appropriate on his or her training and experience, to suspect that criminal activity has occurred, is occurring, or is about to occur and that the person to be stopped or detained is involved in the activity." (Id. at p. 389.) "The corollary to this rule is that an investigative stop or detention predicated on circumstances which, when viewed objectively, support a mere
Page 7
curiosity, rumor, or hunch is unlawful, even though the officer may be acting in good faith." (Ibid.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.