Is detention reasonable under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Madueno, F074422 (Cal. App. 2019):

Such 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 (Souza).)

This " 'reasonable suspicion' ... 'is dependent upon both the content of information possessed by police and its degree of reliability.' [Citation.] The standard takes into account 'the totality of the circumstances - the whole picture.' [Citation.] Although a mere ' "hunch" ' does not create reasonable suspicion, [citation], the level of suspicion the standard requires is 'considerably less than proof of wrongdoing by a preponderance of the evidence,' and 'obviously less' than is necessary for probable cause, [citation]." (Navarette v. California (2014) 572 U.S 393, 397.) Law enforcement officers may "draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that 'might well

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