Is a temporary investigative detention reasonable under the Fourth Amendment?

California, United States of America


The following excerpt is from In re H.R., G038062 (Cal. App. 12/26/2007), G038062 (Cal. App. 2007):

While the Fourth Amendment's proscription against unreasonable searches and seizures applies to temporary investigative detentions, "the `balance between the public interest and the individual's right to personal security,' [citation], tilts in favor of a standard less than probable cause in such cases .... [Citations.]" (United States v. Arvizu (2002) 534 U.S. 266, 273 [122 S.Ct. 744, 151 L.Ed.2d 740].) Thus, "[a] detention is reasonable under the Fourth Amendment when the detaining officer can point to specific articulable facts that, considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." (People v. Souza (1994) 9 Cal.4th 224, 231; see also People v. Wells (2006) 38 Cal.4th 1078, 1083.)

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