Is an investigative stop valid if the officer reasonably suspects that the person is about to be arrested?

California, United States of America


The following excerpt is from People v. Smith, H039617 (Cal. App. 2014):

"A detention is lawful '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.' [Citation.]" (People v. Mayfield (1997) 14 Cal.4th 668, 791.) Thus, an investigative stop is valid if the officer reasonably suspects that "the person stopped is, or is about to be, engaged in criminal activity." (United States v. Cortez (1981) 449 U.S. 411, 417.)

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