Can a police officer stop a car for questioning the driver after receiving a report of a burglary?

California, United States of America


The following excerpt is from People v. Conway, 25 Cal.App.4th 385, 30 Cal.Rptr.2d 533 (Cal. App. 1994):

[25 Cal.App.4th 390] Here, Officer Judd had no description of the suspects and did not know if they had a car. However, the information he received about criminal activity was very current. Less than two minutes after receiving the report of a burglary in progress, he saw a car leaving the area of the reported burglary. The time was approximately 3 a.m., and the officer saw no one else in the area. Under the circumstances, it was objectively reasonable for the officer to suspect the car's occupants were involved in the burglary. (Cf. People v. Lloyd, supra, 4 Cal.App.4th at pp. 733-734, 6 Cal.Rptr.2d 105; People v. McCluskey (1981) 125 Cal.App.3d 220, 226, 178 Cal.Rptr. 7.)

We recognize that driving in a residential area early in the morning is consistent with lawful activity. "But the possibility that the circumstances are consistent with lawful activity does not render a detention invalid, where the circumstances also raise a reasonable suspicion of criminal activity. The public rightfully expects a police officer to inquire into such circumstances; indeed the principal function of the investigative stop is to resolve that ambiguity." (People v. Dolliver (1986) 181 Cal.App.3d 49, 56, 225 Cal.Rptr. 920.)

Other Questions


Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
When a police officer stops a driver for a traffic light violation, what is the difference between the officer and the driver? (California, United States of America)
Does a police officer who parks behind a parked vehicle, approaches the driver to question the driver, does this constitute a detention? (California, United States of America)
In what circumstances will a police officer issue a written warning to a driver for failing to return documents and return documents to the driver when the driver's dog sniffed drugs? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
What is the test for making a reasonable grounds for arrest within a police department by one officer transmitting information purportedly received from an informer to another officer who had not received such information? (California, United States of America)
What facts support reasonable suspicion for a police officer to detain two people in a car after receiving a report of a burglary? (California, United States of America)
Is a police officer's written report a public record in an administrative per se proceeding even if it reports a second officer's observations? (California, United States of America)
In what circumstances will a police officer report a drunk driver to the police? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.