Can a police officer stop and detain a motorist for questioning under probable cause for arrest?

California, United States of America


The following excerpt is from People v. Callandret, 274 Cal.App.2d 505, 78 Cal.Rptr. 917 (Cal. App. 1969):

[274 Cal.App.2d 507] Although an officer may stop and detain motorists for questioning under circumstances short of probable cause for arrest, there must exist some suspicious or unusual circumstance to permit even this limited interference with an individual's freedom of movement. (People v. Henze, 253 Cal.App.2d 986, 988, 61 Cal.Rptr. 545.) Nothing of the sort existed here.

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