California, United States of America
The following excerpt is from People v. Martin, B239366 (Cal. App. 2014):
8. In People v. Durazo (2004) 124 Cal.App.4th 728, 732-733, the court found the defendant's detention insufficiently supported, where it was based on the fact that the defendant and his passenger were young Hispanic males who had looked in the direction of an apartment complex at the approximate time of morning that a resident of the complex had claimed that Mexican gang members had four days earlier threatened to attack him. No crime had occurred at or near that time, and the defendant's "glance" at the apartment complex was not enough. The officer's "self-described 'gut' feeling lacked the requisite objective showing" to justify the detention. (Id. at p. 737; see People v. Perrusquia (2007) 150 Cal.App.4th 228, 234 [defendant's presence in car idling in parking lot of open convenience store, without evidence of any present or intended criminal activity or defendant's involvement with it, does not satisfy requirement for specific and articulable facts supporting officer's suspicion].)
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