Can a police officer detain and question a person?

California, United States of America


The following excerpt is from Jackson v. Superior Court In and For San Bernardino County, 274 Cal.App.2d 656, 79 Cal.Rptr. 502 (Cal. App. 1969):

[274 Cal.App.2d 659] However, there must exist some suspicious or unusual circumstances to authorize this invasion of privacy. (Hood v. Superior Court, 220 Cal.App.2d 242, 245, 33 Cal.Rptr. 782.)

A police officer may not detain nor question a person when there are no circumstances which would indicate to a reasonable man in a like position that such a course was necessary to a proper discharge of the officer's duties. (People v. Moore, Supra, 69 A.C. 701, 710, 72 Cal.Rptr. 800, 446 P.2d 800.)

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