Does a brief detention of the occupants of a van based on suspicion of drug dealing violate the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Deville, H046533 (Cal. App. 2021):

This is not a situation where police detained an occupant of a vehicle based on generalized suspicions or the persons characteristics. Rather, the detaining officer identified specific conduct consistent with drug sales that led her to suspect drugs were being sold from the van. A reasonable officer in the same position would have entertained that suspicion as well. The initial brief detention of the vans occupants to confirm or dispel the suspicion therefore did not violate the Fourth Amendment. (See People v. Glaser (1995) 11 Cal.4th 354, 365 [determining reasonableness of detention involves balancing the extent of the privacy intrusion against the government interests justifying it].)

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