Is a high rate of crime in a high crime area a factor in determining whether or not to detain appellant?

California, United States of America


The following excerpt is from People v. Loewen, 196 Cal.Rptr. 846, 35 Cal.3d 117, 672 P.2d 436 (Cal. 1983):

Reliance on the "high rate of crime" in the area must be rejected. An "officer's assertion that the location lay in a 'high crime' area does not elevate ... facts into a reasonable suspicion of criminality. The 'high crime area' factor is not an 'activity' of an individual. Many citizens of this state are forced to live in areas that have 'high crime' rates or they come to these areas to shop, work, play, transact business, or visit relatives or friends. The spectrum of legitimate human behavior occurs every day in so-called high crime areas. As a result, this court has appraised this factor with caution and has been reluctant to conclude that a location's crime rate transforms otherwise innocent-appearing circumstances into circumstances justifying the seizure of an individual. [Citations.]" (People v. Bower (1979) 24 Cal.3d 638, 645, 156 Cal.Rptr. 856, 597 P.2d 115; see also Brown v. Texas, supra, 443 U.S. at p. 52, 99 S.Ct. at p. 2641.) Clearly, it was improper to detain appellant based on this factor.

Other Questions


What is the test for an appellate court to determine whether a crime of attempted robbery is a lesser included crime? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
Can a jury double-count the factors used to determine whether a defendant has been convicted of a capital crime as a result of the factor? (California, United States of America)
What is the test for determining whether the court considered all relevant factors in determining a plaintiff's claim? (California, United States of America)
Is light from police a factor in determining whether a suspect should be detained? (California, United States of America)
What is the associated crime factor for determining whether a defendant has committed a criminal offence? (California, United States of America)
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)
What is the substantial factor standard for determining whether asbestos exposure is a substantial factor? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.