Can a police officer detain a suspect based on a mere hunch?
California, United States of America
The following excerpt is from People v. Superior Court (Backley), 149 Cal.Rptr. 349, 85 Cal.App.3d 1020 (Cal. App. 1978):
People v. Gale, 9 Cal.3d 788, 797-798, 108 Cal.Rptr. 852, 859, 511 P.2d 1204, 1211. " 'While a detention of a citizen by a police officer based on a [85 Cal.App.3d 1023] "mere hunch" is unlawful, if there is a rational Suspicion that some activity out of the ordinary is taking place, and some Suggestion that the activity is related to crime, a detention is permissible.' "
People v. Flores, 12 Cal.3d 85, 91, 115 Cal.Rptr. 225, 228, 524 P.2d 353, 356. "Where there is a rational belief of criminal activity with which the suspect is connected, a detention for reasonable investigative procedures infringes no constitutional restraint."
"The most advanced legal research software ever built."
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.
