What factors will be considered in determining whether to detain an individual in an area with a reputation for criminal activity?

California, United States of America


The following excerpt is from People v. Rodriguez, B280981 (Cal. App. 2017):

Numerous factors may be relevant to the inquiry. "An area's reputation for criminal activity is an appropriate consideration in assessing whether an investigative detention is reasonable under the Fourth Amendment." (Souza, supra, 9 Cal.4th at p. 240.) "The time of night is another pertinent factor in assessing the validity of a detention." (Id. at p. 241.) Whether or not an individual displays nervous or evasive behavior, including fleeing from law enforcement, is also appropriately considered. (Illinois v. Wardlow (2000) 528 U.S. 119, 124.)

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