Is a defendant's probation status relevant to his flight from a crime scene?

California, United States of America


The following excerpt is from People v. Turner, A140213 (Cal. App. 2014):

Evidence of a defendant's flight from a crime scene may be relevant to show consciousness of guilt, and consciousness of guilt is relevant to whether the fleeing individual committed the charged offense. (People v. Abilez (2007) 41 Cal.4th 472, 521-522.) Here, the trial court correctly noted that defendant's probation status was relevant to issues of his "flight, consciousness of guilt, and [resisting arrest]." Defendant was legally bound to submit to a search by any officer at any time with or without probable cause. His presumed knowledge of his probation obligations was relevant to the "meaning and importance" of his flight, as it strengthened the inference that the flight was motivated by guilty knowledge. (CALCRIM No. 372.)

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