Can a police officer detain a person they reasonably suspect has just committed an offence?
California, United States of America
The following excerpt is from People v. Beniga, F056442 (Cal. App. 3/10/2010), F056442. (Cal. App. 2010):
It is settled that police officers can properly detain, for investigatory purposes, a person they reasonably suspect has just committed an offense. This principle is often invoked in cases involving traffic stops, for instance. (See People v. Wells (2006) 38 Cal.4th 1078, 1082, and cases cited therein.) "The guiding principle in determining the propriety of an investigatory detention is `the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security.' [Citations.]" (Id. at p. 1083.) Further, the authority to detain is not limited to suspects. We agree with the drafters of the Model Code of Pre-Arraignment Procedure, who write:
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